HAVE A NON-COMPETE AGREEMENT VIOLATION ATTORNEY IN LOS ANGELES REVIEW YOUR DOCUMENTS
If you have lived or worked in multiple states during your career, you are probably familiar with non-compete agreements in the workplace. In many states, employers are allowed to require new employees to sign a non-competition agreement before being officially hired. These agreements protect employers by preventing employees from divulging trade secrets, sharing information, or working for a competing firm in the future.
While they are legal in many states, California law strictly prohibits non-compete agreements. If an employer forced you into signing a or you believe you have been discriminated against for refusing, you have the right to pursue legal action. At Mann & Elias, our trusted Los Angeles employment lawyers are well-versed in handling dispute cases.
NON-COMPETE AGREEMENT
A non-compete agreement is a contract between an employee and an employer, signed by an employee who ends up agreeing not to establish a competing business or work for a competitor after some time once the employment relationship ends. A non-compete agreement is essentially a contract to prevent competition with the employer.
Several types of private information can potentially be exposed, which is why non-compete agreements exist. Here is a list of private information this contract protects:
- Clients/customers
- Methods
- Pricing
- Policies
- Ideas
- Upcoming projects
- Marketing tactics
- Salaries
WHAT IS THE PURPOSE OF A NON-COMPETE AGREEMENT?
From an employer’s point of view, a non-compete agreement is a form of protection that limits potential competition from those with an intimate understanding of how businesses work and operate. While this is an entirely justified reason for requiring a non-compete agreement, some restrictions inhibit individuals from the right to make a living in the future. In many non-compete contracts, employees can’t work for a company within the same industry in future years. It is for this reason that many states outlaw non-compete agreements.
NON-COMPETE AGREEMENTS ARE ILLEGAL IN LOS ANGELES, CALIFORNIA
While many states allow ‘reasonable’ non-compete agreements, California completely disallows them, no matter how well-intended they may be. For wrongful termination, damages could include lost wages and punitive costs. It is also unlawful for a new employer to deny or fire you because of illegal restrictions.
DIFFERENT WAYS THAT YOU CAN CHALLENGE A NON-COMPETE AGREEMENT
There are several ways to challenge a non-compete agreement governed by state law. The court will weigh all the evidence and contributing factors before deciding if the deal is valid. We provide four different legal tactics that allow a lawyer to challenge the agreement’s validity on your behalf. A few examples are:
- Proving your employer was dishonest toward customers
- The company engaged in illegal activity
- Going over the terms of your contract to prove you made no violations
- Establishing how the employers’ terms were too general
- Demonstrating that you signed under pretenses
If your employment status has been negatively affected because of a non-compete agreement in California, you have the right to damages. Contact a Los Angeles lawyer for non-compete agreements as soon as possible to begin the process of regaining your legal rights.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Since 1998, The Law Offices of Mann & Elias have helped individuals just like you receive the benefits they deserve. We represent clients at every state and federal court system level in Los Angeles, Riverside, San Bernardino, Orange, San Diego, and Ventura counties.
We know how to handle these cases best and get you the compensation you deserve. Call 323-866-9564 or email info@mannelias.com to schedule your first consultation.
WHY CHOOSE MANN & ELIAS?
Since Scott Mann and Imad Elias have founded the employment law firm, they have successfully recovered hundreds of claims resulting in over $18 million in settlements and verdicts. While there are thousands of lawyers to choose from, our success is rooted in:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
Contact us today if you intend to file a claim against your employer. We charge no fee for the initial consultation, and all cases get handled on a contingency basis.
RELATED ARTICLES ABOUT NON-COMPETE AGREEMENTS
You have questions – we’ve got answers! Need more legal help? Check out a few of our legal articles below.
Common Restrictive Covenants in Business Contracts
Over time, business contracts have become more complex. It is especially true when businesses want to restrict employees from disclosing various details about the company or working for competitors. In these instances, employees who have signed a contract with their employer will find these contracts contain restrictive agreements or restrictive covenants.
These kinds of contracts are not only complex but can leave employees confused. You should be aware of restrictive covenants in business contracts, including non-solicitation agreements, non-disclosure agreements, and more. Learn more about the restrictive covenants in business contracts that many employers use.
Steps Employers Can Take When Employers Violate a Non-Compete Agreement
When you leave your current role or get terminated by the company, that’s often when the non-compete agreement will take effect. Employers will remind you of your obligations until the deal ends (if enforced). As a former employee, be attentive to the steps an employer might take to protect customer relationships. You should reach out to an attorney immediately if they:
- Send a cease-and-desist lawyer to indicate you’ve been violating the contract
- Contact your new employer to explain you violated the agreement
- Make an extra effort to preserve customer relationships
You can refer to this article for more insight into resolving unforeseen disputes and the litigation behind non-compete agreements.
Independent Contractors: Are Non-Compete Agreements Worth It?
If you’re an independent contractor, you might not want to sign a non-compete agreement. Unlike an employee, you can exercise a full range of control over individual job opportunities. You are not obligated to sign a contract, and the employer has less control over the terms of employment. This article explains the critical differences between contractors and employees and why you must have a written agreement before starting work.
FAQs ABOUT NON-COMPETE AGREEMENTS
When is a non-compete agreement legal?
In Los Angeles, a non-compete agreement is usually legal when business owners are interested in selling their companies. Remember, those non-compete agreements cannot hold you back from applying to other jobs or accepting any forthcoming job offers in California.
Is there an exception for non-compete agreements?
There are strict employment laws regarding sharing confidential information or trading information once you leave.
In a non-compete agreement, you might see language regarding trade secrets. For something to be considered a trade secret in California, it must:
- Be of significant economic value to the company or organization and risk the financial well-being if exposed.
- The owner must be proactive at protecting the information from both employees and third-party individuals that might need it to perform their job.
What happens if I sign a non-compete agreement?
For the most part, non-compete agreements are unenforceable in California. Companies will try to work around that to prevent you from leaving the company with ease. Fortunately, federal and state laws safeguard you from such acts. If you work in a different state, be mindful of how this might impact you! If you signed a contractual agreement, give us a call to determine if it’s legal per state laws.
Can I get fired for refusing to sign?
No! You cannot get fired for refusing to sign a non-compete agreement. That would be considered a form of wrongful termination, and you can take legal action against the employer.
If presented with any contract, we recommend taking some time to review the terms before you sign. Because a non-compete agreement is unlawful in California, it might be harder to recognize. You can always consult with a lawyer should you have questions or need a legal professional for review.
California employers – can they force employees to sign?
Absolutely not – if an employer is attempting to force a non-compete agreement, reach out to a Los Angeles employment lawyer as soon as possible. In these scenarios, new hires are pressured to make a good impression. When they speak up to address their hesitance, employers often retaliate. We can handle your concerns and prevent a dispute before it happens.