QUESTION

Can a CA employer enforce a non-compete clause with a contractor while still employed? Yoga studio says PT teacher can't take shifts at another studio

Asked on Oct 22nd, 2015 on Employment Contracts - California
More details to this question:
I know post-employment non-compete clauses are generally not valid in CA, but what about DURING employment? My wife works PT as a contractor for a yoga studio in Novato, CA, and that studio had her sign an agreement not to work for any other yoga studios in our city limits while employed. A new studio is opening up in town and they offered my wife a few classes to teach. She will not be giving up her current schedule at the first studio, nor does she market her classes herself (the studios do that) so there's no direct poaching.. Can the first studio enforce this clause? Or can my wife take these additional shifts at another studio?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Even in  California, I know of no law which would prohibit an employer from firing an at-will employee for moonlighting.  However, I am not admitted in California and its employment statutes have surprised me before, so ...
Answered on Oct 23rd, 2015 at 12:00 PM

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