I signed a non-compete and non-solicit agreement with my existing employer. The employer is based in TX and I reside in Colorado. I am leaving the company at the end of July 2012. I started with my current company in 2002 but was asked to sign a non-compete and non-solicit in 2006. Can both non-compete and non solicit be enforced if I signed the document well after my employment began? I am not going to a competitive company, however I would like to recruit some of my existing team to my new company. Thoughts?
State/Country relating to question: Colorado
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In what state will the new enterprise occur?
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The new enterprise is in California and the new company has a national presence.
I appreciate your patience. You indicate you have no questions regarding the non-compete agreement, but that you would like information about non-solicitation agreements in California. California is not supportive of such agreements. The California Supreme Court determined that non-solicit agreements are not enforceable under California Business and Professions Code Section 16600. The only exception involves the sale of a business.Please let me know if you have any other questions.I hope that you will be so kind as to leave me a positive rating which ensures I receive credit for assisting you.Thank you again
Government and private sector employment law experience
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