Emeryville Non-Compete Agreement

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

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. While the employer?s interests are important, California courts place great importance on an individual?s freedom to pursue the employment they want. Accordingly, courts have only upheld those agreements that they consider reasonable under the circumstances. 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 Emeryville.

The agreements must also deal only with those competitors whose line of employment is rationally related to the previous employer's. 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?

Before you sign any documents that could restrict your rights, you may consider hiring an Emeryville, 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. A lawyer can also render useful advice for employers who are considering suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.

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Life in Emeryville

Emeryville, California is a city in Alameda County, California. It is directly adjacent to the city of Oakland, which is one of the largest cities in the San Francisco Bay Area. Its population is about 10,000 people.

Human habitation of the area now known as Emeryville dates back thousands of years. The first European settlers to the area were the Spanish, who arrived in 1776 and established a military an missionary presence.

Modernly, Emeryville, California is known for being the home of some of the few remaining salt marshes and undisturbed mud flats in North America, which provide an important habitat for migratory birds and other valuable wildlife. Many local Emeryville, California environmental lawyers were responsible for helping to establish these nature reserves.

If you live in Emeryville, California and find yourself needing legal services, you should speak with a competent and experienced Emeryville, California attorney as soon as possible.

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