Preventing Unfair Competition In The Absence Of A Non-compete 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:

LOADING PDF: If there are any problems, click here to download the file.

Published In: Business Organization Updates, Business Torts Updates, General Business Updates, Franchise Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter S. Bauman - Senior Commercial Litigation Attorney Callahan & Blaine, (714) 241-4444 (office) / (949) 842-1720 (mobile) | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »