State of Calif. Non-compete agreement

[Nan_]

I do not have a copy of the non-compete agreement I signed with my current employer. I would like to know if anyone has information about non-compete agreements in the state of California and if you go against the non-compete, and the company attempts to file a law suit, will it hold up in court. I believe the limitation was placed at 2 years of not contacting any of their customers. Thank you in advance for any help.

 

[Michael Wechsler]

Originally posted by Nan
I do not have a copy of the non-compete agreement I signed with my current employer. I would like to know if anyone has information about non-compete agreements in the state of California and if you go against the non-compete, and the company attempts to file a law suit, will it hold up in court. I believe the limitation was placed at 2 years of not contacting any of their customers. Thank you in advance for any help.

My understanding is that non-compete agreements are not enforceable in CA. However, regardless of that specific issue non-competes can only be enforceable so as to reasonably protect a company but not to the inability of one to be able to find reasonable work. Most are completely unenforceable as is and usually contain a clause that if they are found to be unenforceable then they will be reinterpreted to be enforceable until the maximum amount under the law.

Typically one year is the length that might be enforceable but everything depends upon how high a level and how sensitive the access to information or intellectual property that the employee had. If you were a cashier the non-compete is likely unenforceable. If you were VP in a corporation to access to a private trade list and information then there would likely be some level of enforceability from moving to a direct competitor.