Santa Barbara Non-Compete Agreement

Find the right Non-Compete Agreement attorney in Santa Barbara, CA

Usually, 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 discern whether a judge will enforce a given non-compete agreement. Even though the interests of an employer are important, 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 provisions that last for a long duration or that restrict the employee to an unreasonable geographic area around Santa Barbara.

Non-compete clauses are also limited in that they can only apply to competitors who are reasonably related to the industry of the employer. Lastly, the employer must have a valid 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 provisions that could restrict your rights, you may consider hiring a Santa Barbara, 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 give 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 Santa Barbara

Santa Barbara, California is a city in Santa Barbara County, where it also serves as the county seat. It currently has a population of about 88,000 people.

Santa Barbara, California is known for being host to one of the very few military engagements of World War II to occur on the continental United States. In 1942, a Japanese submarine surfaced off the coast of Santa Barbara, and fired several shots at the Ellwood oil refinery. There were no injuries. Although there was no evidence that collaboration or espionage by any U.S. residents played a role in the attack, the incident was used by the government to justify the internment of Japanese-Americans living on the West Coast, a decisions which is now remembered as one of the low points in America's history.

After World War II, many of the servicemen who served in the war, and disembarked from Santa Barbara, California moved into the city permanently. This caused a population boom. Many of these servicemen went on to college, and became successful professionals in Santa Barbara, California, some of them lawyers.

If you live in Santa Barbara, California and are in need of an attorney, it's very likely that there's a Santa Barbara, California attorney who can provide assistance.

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