Oceanside Non-Compete Agreement

Typically, a covenant not to compete is when a California employee agrees not to work for an employer's competitors when the employee leaves the company. Covenants not to compete are also known as "non-compete clauses". An employee who signs them either does so as a condition to employment or they can receive compensation for the agreement.

When are Covenants not to Compete Unenforceable?

It is difficult to know whether a judge will enforce a given non-compete agreement. Even though the interests of an employer are significant, California courts value a person's freedom to select the type of employment that they desire. Thus, courts will typically uphold only those covenants not to compete that they conclude to be reasonable. Those agreements that courts have seen to be unreasonable include those that last for an prolonged period of time or cover geographic areas around Oceanside that are unreasonably large.

Covenants not to compete are also required to deal only with competitors who are reasonably related to the employer's line of industry. Lastly, the covenant not to compete must have a valid business purpose which is behind the employer's motivation for requiring the agreement.

Do I Need an Attorney when Dealing with a Covenant not to Compete?

Before signing anything that may restrict your rights, you might want to hire an Oceanside, California attorney to review the contract. A lawyer can then negotiate to modify the covenant as needed, or might even draft a new one that is acceptable to both parties A lawyer can also render useful advice for employers who are contemplating suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.

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Life in Oceanside

Oceanside, California is the third-largest city in San Diego County. Its population is just under 180,000 people.

Oceanside is located near Camp Pendleton, which is the busiest, and one of the largest, military installations in the U.S., and a major source of the area's economic activity.

Oceanside, California was originally settled by Europeans in 1769, when Spanish missionaries arrived in the area, though the area had been populated by Native Americans for thousands of years before, and became part of Spain's North American empire. In 1821, when Mexico gained independence from Spain, the area now known as Oceanside, and the rest of California, became part of Mexico. The area fell under U.S. control after Mexico lost the Mexican-American war.

This led to a land rush into the newly-acquired territories by American settlers. By the early 20th Century, Oceanside began to develop into the beach community that we would recognize today.

Oceanside has a climate which, for many people, isnearly perfect, with temperatures rarely exceeding 80 degrees, or dropping below 40 degrees, coupled with small amounts of rain.

Oceanside, California is a very attractive area to live, owing to its proximity to one of the largest cities in the U.S.,and its mild climate. It should be no surprise, then, that given its fairly large population, and attractive living conditions, many Oceanside, California lawyers practice in the area. An Oceanside, California attorney can handle just about any legal issue a resident of the area is likely to face.

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When are Covenants not to Compete Unenforceable?