Irvine Non-Compete Agreement
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 can 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 significant, California courts place great weight 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. A court will usually hold non-compete clauses to be unreasonable if they involve unusually long periods of time or if they cover a geographic region surrounding Irvine that is excessively large.
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 must have a legitimate business interest behind its motivation for mandating a covenant not to compete.
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 a Irvine, 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. When it comes to suing an employee for breach of a non-compete clause, an attorney can provide valuable advice. They will also be able to counsel employees who need advice for a covenant they have signed.
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Life in IrvineIrvine is a city that has been meticulously planned. That could be why CNN voted it 4th best place to live in the entire United States but there are a number of other reasons like the FBI stating Irvine has the least violent crime in any city with a population over 100,000. Over twice that number live within Irvine city limits and enjoy access to all Irvine has to offer.
Over 50 companies have their world headquarters in Irvine including Taco Bell, Ultimate Ears, Felt Bicycles, LA Fitness, and Meade Instruments. Toshiba Corporations, Samsung Electronics, Kia Motors, Asics, and Shimano all operate their North American Headquarters from Irvine as well. With so many large businesses in Irvine, you'd probably be surprised to find out the University of California, Irvine and Irvine unified School District are still the top two employers in the city. Communications giant Cellco Partnership/Verizon Wireless and medical companies Edwards Lifesciences and Allergan are three other big hitters in the Irvine economy.
There's plenty of opportunity for recreation among Irvine residents and visitors. The City of Irvine offers countless community and neighborhood parks. The Northwood Community Park offers one of the most distinctive sights. The Northwood Gratitude and Honor Memorial is exceptional because it's the first United States memorial to be built before the war was over. Honoring the fallen U.S. military personnel from the conflicts in Iraq and Afghanistan, it's also the only memorial that will be updated yearly to display the 5,700+ names. Irvine also hosts the Irvine Global Village Festival celebrating diversity. The festival offers a wide range of exhibitions, entertainment, and food from cultures around the globe.