Santa Ana Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Santa Ana, 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 Santa Ana.

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 Santa Ana, 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 contemplating suing an employee for breach of covenant, or they can counsel employees who have signed such an agreement.

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Life in Santa Ana

Santa Ana is the county seat of the infamous Orange County, California. Santa Ana is the 4th most densely populated area in the United States with over 325,000 residents. Santa Ana is known nationally for it's beautiful coastline and it lends its name to the Santa Ana Freeway that bisects the city as well as the winds that historically fuel wildfires in Southern California, the Santa Ana Winds. One of the reasons people flock to Santa Ana is for work with Orange County at the Santa Ana Civic Center. Santa Ana has a high number of skilled lawyers because it's the location of the Orange County Supreme Court and the Ronald Reagan Federal Building and Courthouse.

Santa Ana's close proximity to Los Angeles attracts many corporate headquarters. Behr Paint, Corinthian Colleges, First American Corporation, and The Orange County Register all have their corporate headquarters in Santa Ana. Ingram Micro is the world's largest information technology distributor and outdoes all of the others as the top employer in Santa Ana besides Orange County. For those folks commuting out of the city by way of public transit, Amtrak's Pacific Surfliner runs through Los Angeles to San Diego. Santa Ana also has service from the Metrolink Orange County Line to Oceanside and the Inland Empire Line running to San Juan Capistrano and San Bernardino.

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