Appellate Practice Attorney serving New York, NY
Assuming that the employees have no contract to the contrary, and that the policy applies across the board, rather than discriminating against a statutorily protected class (e.g. women can't work for you but men can), I believe the answer is yes. Although California's employment laws are generally very employee friendly, I am aware of no law which would require an employer to continue to employ an employee who works for a competitor.
I don't think being a "right to work" state has anything to do with this issue, as it refers to whether an employee can be compelled to join a union as a condition of employment.
Answered on Jun 29th, 2015 at 10:07 AM