In the event of a non-competition agreement being terminated, the courts generally focus on two potential risks of a former employee: if you decide to leave an employer with whom you have a contract, not to compete, the employer cannot do anything. In this case, be sure to come up with a type of agreement with the employer so you can do whatever you want. Also make sure that the employer exempts you from your non-competition agreement with a signed document. A non-anti-competitive lawyer in Southern California can help if you feel that a non-compete agreement has been violated. Competition bans offer significant protection to companies that do not want their former employees to unjustifiably and inappropriately steal from companies or to pass on confidential information to their competitors. Unfortunately, the implementation of these agreements can sometimes be a fierce struggle for companies. What are the reasons why the courts consider a non-competition agreement to be appropriate? That depends. A first look at the terms of the non-compete clause itself. Is this about resigning? Assuming he does – and says the competition is still valid, even if you are terminated — the question is: Is it legal? Here, too, the answer is this: that`s what counts. If the reason for your dismissal is an employer`s fault – discrimination, illegal employer activity or similar misconduct – most courts have ruled that a non-competition clause is no longer applicable.
This is because the employer`s unlawful conduct was not part of the worker`s expectation when he accepted the non-competition clause. If the reason for your dismissal is an employee error – presence, poor performance or similar problems – then the fact that you have been fired probably will not be so important. However, the courts may be less willing to apply a non-compete agreement if it is the employer that has decided to end this relationship, not yours. You may attempt to seek an injunction to prevent the employee from pursuing conduct contrary to the agreement and/or you may seek monetary policy damages if your business has suffered financial harm as a result of the employee`s actions that contravene the acts. We know California`s laws on competition bans inside and inside, and we can provide you with competent representation of interests if you are trying to protect your business or your ability to earn a living. Call us at 866-237-8129 or contact us online today to discuss with a non-competing lawyer in Orange County how our legal team can help you. 9. Does my employer have to pay me extra money in exchange for a non-compete agreement? That depends. The courts` approach to entering into non-competition clauses varies considerably from state to state. Some States are very concerned about imposing alliances that are not in competition and will actively rewrite those that, in geography or over time, are too broad to make them easier to apply. Other state courts have seen alliances not to compete, very negatively, and have imposed only those that are very clearly reasonable in geography and time and which are supported by a significant counterparty (the payment of money in return for the agreement).
This approach varies from state to state and often depends on the facts of each case. On the other hand, the employer can take legal action to obtain what is called an “injunction” or injunction to prevent you from violating your contract. Since a violation of a no-competition agreement can cause direct harm to the employer, the Tribunal will often apply expedited procedures in these cases. Once your employer seeks an injunction or injunction, it can only be a matter of days or weeks before being heard by a judge.
Please direct requests and inquiries to Guarachi Wine Partners, 22837 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364 or call 818-225-5100