You’ve read the tile of this article. There it is, up above. Let me repeat:

Preventing Unfair Competition in the Absence Of A Noncompete Agreement

What I really want you to focus on is the last part. The part that reads: “. . . In The Absence Of A Noncompete Agreement”.

Not every noncompete agreement is enforceable.California, for one, has a public policy against noncompete agreements, except in limited circumstances, such as the owner of a business agreeing to a noncompete as part of selling the business.

Try to enforce a noncompete agreement against employees in California and you run up against the statutory provision against restraint of trade. California Business & Professions Code Section 16600 provides: