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Are non-solicitation clauses and non-competition clauses in…

Customer Question
Hello, are non-solicitation clauses...

Hello, are non-solicitation clauses and non-competition clauses in an employment contract valid in California? That is, can an employer require an employee to sign an employment contract where the employee agrees not to ever solicit current clients of the employer and where the employee agrees not to work within 10 miles of his/her present employer? Thank you.

Lawyer's Assistant: Was the non-compete agreement discussed with a manager or HR? Or with a lawyer?

Not yet.

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

On commission.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We're in the State of California.

Submitted: 2 months ago.Category: Employment Law
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Answered in 1 minute by:
5/2/2018
Employment Lawyer: Ray, Employment lawyer replied 2 months ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 48,154
Experience: 30 years in Employment law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Employment Lawyer: Ray, Employment lawyer replied 2 months ago

Non-Compete Agreements are Void in California. In most other states, “reasonable” non-compete agreements are enforceable. Practically speaking, this means that employers and employees cannot determine whether a particular non-compete agreement is enforceable without a costly legal battle.Jun 4, 2014

Job Hopping - A California Right | Non Compete Agreements

https://www.rhdtlaw.com/job-hopping-california-right/

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Employment Lawyer: Ray, Employment lawyer replied 2 months ago

Here in California most employee non-solicitation agreements are typically considered to be under the umbrella of employment agreements that prohibit a former employee from engaging in the similar business of their past employer, and also from working with or for a competitor of their former employer once the original employment agreement is terminated. Under California employment law, such agreements are void and illegal because they impinge on a worker’s ability to freely engage in gainful employment of their choosing.

However, employee non-solicitation agreements are not always found to be void and illegal by the California courts. In fact, California courts have been known to accept limited employee non-solicitation agreements as being valid and enforceable. However, most of these court rulings have dealt with employee solicitations in the context of trade secret violations. Agreements to not disclose trade secrets of a company are restrictions on employees that California courts have considered to be valid and enforceable.

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