Non-Compete Clause

[Davidca]

What is the name of your state? California

Is there a law stating that one can work anywhere they want and employers cannot restrict employment even if an employment contract is signed that states I can not work for a competitor for 6 months after termination? If so, do you know where I could find the wording of that law?

 

[cbg]

I believe that in your state non-compete agreements are either completely outlawed or seriously restricted; however, I don't have any idea where to find a specific law to that effect.

Have you shown the non-compete agreement to a local attorney?

 

[Davidca]

No, its such a small number of hours I would be contracting with them that it isnt worth it. I emailed the company and told them that I think this standard contract applies to other types of contractors and that I could not sign it considering how little I would be working for them. They agreed to change it, but I want to know for future reference because I am sure another company will try to get me to sign something like that.

I have been told that California is a state that does not allow restriction of employment. I tried to find it in the online version of California law but could not so I thought someone here might know.

 

[I AM ALWAYS LIABLE]

No, its such a small number of hours I would be contracting with them that it isnt worth it. I emailed the company and told them that I think this standard contract applies to other types of contractors and that I could not sign it considering how little I would be working for them. They agreed to change it, but I want to know for future reference because I am sure another company will try to get me to sign something like that.

I have been told that California is a state that does not allow restriction of employment. I tried to find it in the online version of California law but could not so I thought someone here might know.

My response:

It makes no difference that the employees involved had executed noncompete agreements because such restrictions are generally void under Ca Bus & Prof § 16600. [Metro Traffic Control, Inc. v. Shadow Traffic Network 22 Cal.App.4th at 860, 27 Cal.Rptr.2d at 577]

A company's use of a noncompete provision that was void under Ca Bus & Prof § 16600 to prevent its former employees from obtaining other employment was held to violate § 17200. [Application Group, Inc. v. Hunter Group, Inc. (1998) 61 Cal.App.4th 881, 907-908, 72 Cal.Rptr.2d 73, 89]

IAAL