QUESTION

Is a unilateral contract enforceable?

Asked on Oct 02nd, 2013 on Contracts - California
More details to this question:
I was a computer repair technician for my previous employer. When I gave my two weeks notice I signed a letter stating I would not solicit business from my employer's computer repair clients for a period of two years after I left. Period. Without any compensation from my employer. Is this enforceable at all by my employer because I'm not receiving any compensation for this?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Contracts require consideration to be enforceable, but you did receive consideration - you kept your job for another 2 weeks.  However, while most states view restrictive covenants in employment situations very skeptically, California goes even further, and has made such restrictive covenants unenforceable unless trade secrets are involved or the party being restricted was a seller of the business seeking to restrict him or her.  In fact, it can even be considered an unfair trade practice for a California employer to try to ienforce a restrictive covenant against a former employee.  You should look at California Business and Professions Code Sections 16600, 16601, and 16602.
Answered on Oct 03rd, 2013 at 1:42 PM

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