Legal Question in Business Law in California

Is it illegal to breach a non compete clause in California for a manufacturing company, telemarketing from business to business.

Asked on 6/11/13, 9:06 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

It is not illegal as in violation of criminal law. I am not an expert in California non compete clauses but most are unenforceable. If if it is it is a contract breach and damages are mst likely monetary...

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Answered on 6/11/13, 9:11 pm

John Laurie Gertz and Laurie

Assuming we are not talking about something to do with the government if the contract is enforceable and you are the company owner you may be able to sue in civil court for monetary damages and or injunctive relief, hard to say without seeing the contract.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/11/13, 10:59 pm
Anthony Roach Law Office of Anthony A. Roach

Clauses containing covenants not to compete are generally unenforceable in California as a matter of public policy. That's because they prohibit competition, which drives our economy and society, and interfere with people's ability to work.

As I mentioned, they are generally unenforceable, but there are some exceptions. " Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void." (Bus. & Prof. Code, sect. 16600.)

Send me a private email referencing this post if you would like more information.

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Answered on 6/12/13, 11:52 am

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