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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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If I am layed off after the age of 60 with a two year non compete

Resolved Question:

If I am layed off after the age of 60 with a two year non compete clause, is there special circumstances an employer must ahear to?
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Thank you for contacting

You were working in CA when you were laid off and are concerned the employer will attempt to enforce the non-compete against you>

Customer: replied 6 years ago.
i have not yet been laif off, however I am expecting it. I can ony assume they will enforce the non compete having us sign one. I have been with the company for 33 + years.
Expert:  Tina replied 6 years ago.
I see.

Non-compete agreements are typically unenforceable under CA law against employees.

There are a couple of exceptions to this. They are normally enforceable for partnerships and when someone is selling their ownership interest in a company, or to protect trade secrets. A company can prevent the use of its trade secrets, but it cannot prevent fair competition.

If you are an employee and not in possession of trade secrets, the non-compete would normally be unenforceable in its entirety pursuant to CA law.

Good luck and take care.



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Customer: replied 6 years ago.
If over 60 yrs old is there any other laws the employer has to comply with in California, such as severance pay etc:
Expert:  Tina replied 6 years ago.
The employer is not permitted to discriminate against you based on your age, meaning that you cannot be selected for layoff because you are 40 or older.

The employer is not required by law to provide severance though typically unless they have a written policy requiring this.

All the best to you.

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