What Is A Covenant Not To Compete In California?
Generally, 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 may receive compensation for the agreement.
When are Covenants not to Compete Unenforceable?
It is difficult to foresee whether a judge will enforce a given non-compete agreement. Even though the interests of an employer are important, 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 provisions that last for a long duration or that restrict the employee to an unreasonable geographic area around San Diego.
Covenants must also be limited to restricting dealings with those competitors that are rationally related to the employer?s industry. Finally, the covenant not to compete must have a legitimate 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?
Since covenants could restrict your rights, you may wish to hire a San Diego, California lawyer to review any documents. They will be able to negotiate further changes to the covenant, and can draft an entirely new one that is acceptable to all parties if needed. 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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San Diego is one of California's most beautiful cities. It is filled with history, great attractions, great weather, and gorgeous beaches! Families can enjoy a day at the USS Midway Museum, Balboa Park, San Diego Zoo, Torrey Pines State Reserve, Cabrillo National Monument, Pirate Ship Adventures, and Point Loma.Alongside all the great attractions for family are the excellent restaurants, famous Mexican food, shopping (with great outlets like the Las Americas Premium Outlets), and great nightlife, especially in Downtown San Diego's Gaslamp District. If you want to just relax and enjoy the beach, San Diego has many beaches to choose from such as Coronado Beach, Ocean Beach, Del Mar, La Jolla, Pacific Beach, and Mission Beach.
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