Albany Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Albany, CA

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 a covenant not to compete can receive compensation for the agreement, or in some cases the agreement is a condition for their being hired.

When are Covenants not to Compete Unenforceable?

Whether or not a judge will conclude that the covenant is enforceable can be challenging to know beforehand. 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. Some provisions that courts have considered to be unreasonable include terms that last for an unusually long period of time or that cover a geographic around Albany that is unreasonably broad.

Non-compete clauses are also limited in that they may only apply to competitors who are rationally related to the industry of the employer. Finally, the employer needs to have an acceptable business purpose which justifies their motives in requiring their employee to sign a covenant not to compete.

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

Before you sign any agreements that could restrict your rights, you may consider hiring an Albany, California attorney who can review the covenant. The attorney can negotiate modifications to the contract if they are needed, and can draft a new clause which is acceptable to the parties involved. An attorney can also give valuable advice when it comes to suing employees for breaching covenants, or counseling employees who have signed one regarding whether they can accept a different job.

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Life in Albany

Albany, California is a city in Alameda County. It has a population of about 18,500 people.

The town of Albany was incorporated in 1909, when residents became fed up with the larger nearby city of Berkeley dumping its garbage in Albany. The residents voted to incorporate to give the town more territorial autonomy, allowing them to legally bar other cities from dumping garbage there without permission.

The city was named after Albany, New York, which was the birthplace of the town's first mayor.

Modernly, Albany is a quiet residential community, whose local economy is largely based around retail and services. Many professionals, such as lawyers, who practice in nearby larger cities, live in Albany, California.

There are also many lawyers who live, as well as practice, in Albany, California. So, if you need legal advice, it's very likely that there's an Albany, California attorney who will be able to help.

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