Hey, everyone on Facebook. Good afternoon, good Saturday. This week I received a number of phone calls asking whether or not a noncompeting clause is enforceable in California, and I just thought I would to take this opportunity to share some general information with you on the topic. Again, I’m providing general information so if you have a specific question about your unique circumstance, consult with your local attorney.
Now, this particular situation starts with a salesperson that is currently employed by Company A that now wants to work for Company B. There is a noncompeting agreement between the sales person and Company A, but Company B is telling this salesperson to go ahead and work with us because a noncompeting agreement is not enforceable in California. Well, I wouldn’t say that noncompeting agreements are not enforceable as a blanket statement, because there are situations where the court does uphold the noncompeting clause agreement. So, before we start, I’m going to tell you that there is a public policy in California court that states everybody in California has a right to make a living. This public policy is pretty much just a guiding principle for the judges that they go by when they are deciding on this type of issue.