Legal Question in Employment Law in California

Re: Sales Non-Compete

This is a matter being considered by the 9th circuit as I write. However, the current state of the law as stated in the recent Andersen case is that a non-competition agreement between an employee and employer, prohibiting the employee from performing services for certain former clients, is invalid under Business and Professions Code section 16600 unless it falls within the statutory or "trade secret" exceptions to the statute.

I would be willing to discuss some of the issues concerning your situation to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

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Re: Sales Non-Compete

Non-compete agreements are not enforceable in California, with some exceptions, as where they are necessary to protect trade secrets. They are rarely upheld by California courts.

However, they are legal and enforceable in most other states, so the circumstances of your employment are very important. Whether to sign or not depends on many factors. You should review your situation with an experienced employment law attorney, before signing, to better understand your rights and obligations.

Re: Sales Non-Compete

In addition to the other posts -- you cannot be fired for refusing to sign it. You may want to consult with a lawyer about how to proceed. . .

Re: Sales Non-Compete

They are not 'illegal', and can be enforceable if narrowly drafted for limited and legitimate protection of the company, and if entered into at the time of hire. Trying to force one on you now would not succeed. Feel free to contact me if you need legal help with setting the situation straight with the company, or dealing with a wrongful termination or other retaliation if you refuse to sign.