Legal Question in Employment Law in California

Non-compete clause

As in independent contractor, can a company require me to sign a non-compete clause which also limits me from working for a client (even in a different line of work), and not compete for 1 year after I leave? I'm assuming this would also include contracting with other companies. Thanks.


Asked on 11/16/06, 1:13 pm

2 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

Re: Non-compete clause

Non-competition agreements are for the most part not enforceable in California. However, they are for limited purposes. As such, without actually seeing the agreement, the language of the agreement, and having more detail about the type of work you are doing, I could not advise if your current situation is enforcable or not.

If you wish to discuss further, you are welcome to contact our office or an attorney in your area. Be prepared to provided more detail, your independent contractor agreement and the non-compete clause.

Best of luck, Beth Mora

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Answered on 11/22/06, 11:01 am
Terry A. Nelson Nelson & Lawless

Re: Non-compete clause

If you want to play with them, you get to follow their rules. You don't have to sign, but they don't have to hire you. If you chose to sign and give your word, then break it later, you may get to sort out who's right in court. They may not prevail in such suit, depending upon the facts at that time, but there is no guarantee of outcome to either side. If the agreement calls for attorney fees upon suit, then the loser of that case pays the winners attorney. The choice is yours. Feel free to contact me to defend you if you end up sued.

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Answered on 11/22/06, 1:13 pm


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