Legal Question in Employment Law in California
Confidentiality and non-comptetion agreement enforcement for California
I have been offered a sales job with a global company with HQ in Texas. I would be in the SF Bay Area of CA. They have asked me to sign a non-compete to cover Selling computer software, hardware and other computer related goods and services (pretty much everything sold in the Bay Area) for a term of 1 year after employment terminates. They left the territory area blank. There is a clause stating I agree that my skills and knowledge will allow me to find empolyement of a different nature and this will not prevent me from earning a livelihood. Is this enforceable in California? Thank you!
2 Answers from Attorneys
Re: Confidentiality and non-comptetion agreement enforcement for California
no it is not
Re: Confidentiality and non-comptetion agreement enforcement for California
Non-compete provisions are not legal in California. It does not matter that the company is based out of state, and no fancy language thrown in the contract changes anything. California courts will not enforce such agreements.
You do not have to sign the agreement and if fired or refused to be hired, you have a case of unlawful termination or violation of California public policy. Alternatively, you can sign the agreement and if ever faced with losing your job at a later time, challenging the unlawful provision.
Or, you can simply ask them to take the provision out.
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