Salinas Non-Compete Agreement

Usually, 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 discern 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. Covenants not to compete that a court will categorize as unreasonable include agreements that last for a long duration or that restrict the employee to an unreasonable geographic area around Salinas.

Covenants must also be limited to restricting dealings with those competitors that are reasonably related to the employer's 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?

You might want to hire a Salinas, California lawyer to review the covenant before signing any provisions that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or both parties. Employers can receive useful advice from an attorney should they decide to sue a worker for breaching a covenant, and employees who have signed such covenants can also benefit from a lawyer's counseling.

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Life in Salinas

Salinas, California is a city in Monterey County. It is the county seat of that county, as well as its largest city. It has a population of over 150,000 people.

Salinas has a long and interesting history. It was first settled by humans as early as the year 200 AD, nearly 2,000 years ago. In the 1700s, Spanish Catholic missionaries settled the area, and Salinas soon became known as a major agricultural center, owing to its fertile soil and abundance of open space. When California became part of the United States in the mid-1800s, settlement by Americans from other parts of the country skyrocketed.

Modernly, the economy of Salinas, California is heavily based on agriculture. Several large agribusiness firms are major employers in Salinas, CA. Unlike many American cities its size, the workforce of Salinas is still largely blue collar, with most of those workers employed in agriculture. Because the agriculture business is sometimes known for strained relations between workers and management, a large number of labor and employment lawyers from Salinas, CA have set up shop, representing both employers and employees. There are also many lawyers in Salinas who practice other areas of law. Many lawyers are drawn to Salinas, CA because of its quiet atmosphere and pleasant climate.

Needless to say, whatever legal issue you may be facing, there's probably a Salinas, California lawyer who can help you with it.

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When are Covenants not to Compete Unenforceable?