Can I take a new job with a noncompete agreement?

Hello! Thank you so much for coming to contractscounsel.com. My name is Dolan, and I am happy to help. Generally, on California, non-compete agreements are generally unenforceable. The state's Business and Professions Code at Section 16600 declares that any contract restraining someone from engaging in a lawful profession, trade, or business is void. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=16600&lawCode=BPC What does this mean? This means that, employees, including sales reps like yourself are not restrained by a non-compete agreement clause and your employer cannot legally prevent you from accepting a position with another company, even if it operates in a similar industry. Also, Senate Bill 699 prohibits employers from entering into or attempting to enforce non-compete agreements, regardless of where the contract was signed or where the employment occurred. In other words, even if you were in some different city or county at the time you signed, or even some other state, it’s unenforceable in California. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB699. What’s nice is that this law allows employees to take legal action against employers who try to enforce such agreements, potentially recovering damages and attorney's fees. Finally, AB 1076 required employers to notify current and former employees by February 14, 2024, that any non-compete agreements they may have signed are void. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240AB1076. With these protections, you’re in great shape. Nevertheless, we can always review the contract terms on contractscounsel.com. You can hire me directly for this as I am an expert in employment agreements. Does that help clarify things? I want to make sure I didn’t leave anything out. Thanks so much! Dolan

Hello! 1. Correct. Agreements not to compete, made in CA, are void. This means even if you work for a competitor out of state, you're fine because it's not enforceable. 2. Because non-competes are completely unenforceable, there is nothing they could add. I've handled thousands of non-compete issues like this. The mistakes are common. An employer suing in court for a violation of a non-compete is not because their lawyers stop them in their tracks. The state legislature has made it clear that it's against the law to have them. 3. If the employer asks, I'd just politely suggestion, "I thought non-competes were not legal. This may be an old agreement. I'm so sorry for the confusion." This is a non-threatening, but assertive, message to your employer. If you get cold feet on it, then don't worry. It's not enforceable anyway. 4. I'd be happy to review your contract because if there is one mistake, there may be several. At just 13 pages, we can review it for $***. I want to make sure we've covered everything thoroughly. Is there anything else you'd like to discuss, or any details I can go over again for you?