Different Ways That You Can Challenge A Non-Compete Agreement
Have you signed a non-compete agreement lately? If you have and don’t entirely know what it means, we’re here to help. Non-compete agreements are legally binding documents that address several issues regarding employment. It prohibits employees from:
- Going to work with a competitor for a specific period
- Ban former employees from trying to poach other employees or customers
- Trading company secrets to competitors or for their personal gain
Keep in mind that non-compete agreements are governed by state law. California is one of many states that does not enforce non-compete agreements. But that doesn’t mean that you won’t be presented with one or must sign as a condition of employment. You can request a day or two to sign the contract if you feel pressured. During that time a non-compete agreement lawyer in LA can help you protect your rights.
Why Non-Compete Agreements Are Controversial
Non-compete agreements are also known as “restrictive covenants”. It can challenge your success in finding employment elsewhere after you leave the company or get terminated. These agreements are not permanent, and any employer cannot hold it against you.
The courts weigh multiple factors before deciding if a contract is valid. Those factors include whether the employer is:
- At risk of losing the company
- The timing of the non-compete agreement
- The public’s interest in the company
- The potential impact of the written agreement on the employer’s earnings
However, different ways allow a lawyer for agreement disputes in Los Angeles to challenge its validity on your behalf and keep the agreement from being enforced.
California Law Regarding Non-Compete Agreements – As of January 1, 2017
- Companies cannot enforce a non-compete agreement and employees can reject signing them.
- Non-compete agreements should not have any illegal jargon or terms.
- Only California courts have the final say on non-compete issues within the state.
- An LA employment law firm can help employees get compensated should they need to file a lawsuit to address non-compete disputes.
Common Reasons Behind A Non-Compete Dispute
Dishonest Employer
Suppose you and your Los Angeles employment lawyer can prove that your former employer engaged dishonestly toward the customers. In that case, you have a good case to challenge a non-compete agreement because the employer will not want the fact that they engaged in illegal business acts to be made public.
You Haven’t Broken Any Terms.
Get a copy of your contract from your previous employer. Read over the contract, as it’s possible that you did not violate any terms involving a non-compete agreement.
The Terms Are Too Strict
Your employer’s limitations may be too general. For example, if the company is only operating in one state, they cannot stop you from pursuing work in another state. You should also be aware that a non-compete agreement cannot keep you from working in an entire industry. Consult with an attorney if you are concerned that the terms of your contract are unreasonable.
You Signed the Agreement Under False Pretenses
Were there any promises made to you if you agreed to sign a non-compete agreement, and then those promises were not met? That is one example of you signing a written contract under pretenses. Make sure that any promises that were made to you verbally are put into writing. Written responses can be used as evidence if you pursue legal action.
About Mann & Elias
The Law Offices of Mann & Elias is an employment law firm that provides guidance and legal support for individuals facing issues in the workplace. We represent clients at every level of the state and federal court systems in lawsuits regarding discrimination, wrongful termination, unpaid wages, and more. When your case is in our hands, we hope to minimize stress and concerns associated with work.
Workplace disputes and negotiations can be complicated and uncomfortable between an employee and employer. In many cases an employer can retaliate, causing individuals to feel at a great disadvantage in the company. When you retain one of our lawyers, you will be well-protected and advised. While there are thousands of lawyers to choose from, we strongly believe our success is based on:
- 50+ years of trial experience
- Excellent advocacy skills
- Intense preparation and research
- Quality care
For dedicated representation with no upfront fees, give us a call at 323-866-9564 or email info@mannelias.com.