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Tina
Tina, Attorney
Category: California Employment Law
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Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have a contractor agreement that limits my taking a permanent

Resolved Question:

I have a contractor agreement that limits my taking a permanent job with client. I have been searching for over 2 years for a permanent job and once I started the contract, they stopped looking. One of my resumes actually hit and it is with the same client I am at. I am 61 years old and getting permanent positions has just not been available. I get a lot of interviews but no one wants to hire. They all ask me why I just don't retire. I need to take this position but I am worried about the limitation on Employment clause.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

You signed a non-compete provision with a former company for whom you worked and are concerned they may take legal action against you if you violate the terms of the provision? Did you have access to trade secrets during your tenure with that company?
Customer: replied 2 years ago.

No, I have been a change management project manager.


 


The clause I am concerned with is the Limitation on Employment with Clients. This limits me for 12 months after termination engagement. I have an offer in hand for a different job in a different group but the same company.


 

Expert:  Tina replied 2 years ago.
Hello again, Louie, and thank you for the additional information.

This would typically be construed as a non-compete provision under CA law since it restrains you from working following your employment with a company. These are typically illegal in CA and unenforceable except in very limited situations, such as when the employee/contractor has access to trade secrets.

Therefore, you would typically be free to accept the position without legal recourse by the former company.

Here is a link that summarizes the law on this issue:

http://www.andersenalumni.net/%5CCalifornia%20Non-Compete%20Agreements.pdf


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Thank you very much and all the best to you,

Tina

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Tina, Attorney
Satisfied Customers: 32721
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
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Tina
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JD, 17 years experience & recognized by ABA for excellence in employment law.