San Rafael Non-Compete Agreement

Find the right Non-Compete Agreement attorney in San Rafael, 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 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. 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. Covenants not to compete that a court will categorize as unreasonable include agreements that last for a long duration or that restrict the employee to an unreasonable geographic area around San Rafael.

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?

You might want to hire a San Rafael, California lawyer to review the covenant before signing any provisions that may limit or restrict your rights. The lawyer will then be able to negotiate any modifications to the contract as needed, or they can even draft a new one should it be required by one or both parties. 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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Life in San Rafael

San Rafael, California is a city in Marin County, which lies north of San Francisco, at the other end of the Golden Gate Bridge. Its population is currently about 58,000 people.

The area now known as San Rafael, California was originally populated by members of the Coast Miwok tribe of Native Americans.

Modernly, San Rafael's economy is one of the major centers for the entertainment industry outside of Hollywood. George Lucas, the creator of the Star Wars series of films, did most of his early work in San Rafael and the surrounding areas. Nowadays, it is still a center of the entertainment industry, but it focuses more on the high-tech aspects of the business, like special effects. A large number of software companies (particularly game developers) also have headquarters in San Rafael.

As a result of this, there are many lawyers in San Rafael who have developed sophisticated practices around the entertainment industry. Of course, San Rafael, California lawyers can also handle a wide range of other legal issues. If you need legal advice in San Rafael, there's probably a San Rafael, California attorney who can help.

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