Milpitas Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Milpitas, 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 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 know 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. Terms contained in a covenant not to compete will be struck down by a court as unreasonable if they bind the employee for an unusually long period of time or if they cover an unreasonably large geographic area around Milpitas.

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

A Milpitas, California lawyer can help you review the covenant before you sign any agreements that might limit your rights. The lawyer can help you in negotiating modifications or if needed, they can possibly draft a new agreement which will be acceptable to both parties. 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 Milpitas

Milpitas, California is a city in Santa Clara County. It is a suburb of San Jose, which is the largest city in the San Francisco Bay Area. The current population of Milpitas, California is approximately 67,000 people.

Milpitas, California was incorporated in the 1950s, in order to prevent itself from being annexed by the rapidly-expanding San Jose. Many Milpitas, California lawyers were involved in setting up the city's incorporation.

Nowadays, many residents of Milpitas, California work outside the city, mostly in San Jose. Because of its proximity to Silicon Valley, many residents of Milpitas, California work in the high tech industry. Also, many of the nation's largest law firms have Silicon Valley offices, so there are many extremely successful and sophisticated Milpitas, California attorneys.

However, if you live in Milpitas, California, you won't have to look to a big, expensive law firm for help. There are many experienced, competent, and affordable Milpitas, California lawyers who can help you with almost any legal issue you may face.

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