QUESTION

Can my old employer do this because there is a non-compete law here?

Asked on Oct 08th, 2015 on Labor and Employment - California
More details to this question:
I recently left a dog walking company a couple months ago. One of the dog owners who really liked me reached out to me and asked if I would walk their dog even though I didn't work at that company anymore. I told them I was actually starting my own dog walking company and that I would gladly walk their dog. Then my old employer found out and is threatening to sue me because of our contract stating that I would not solicit.
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1 ANSWER

Labor and Employment Attorney serving Sacramento, CA at Law Offices of Gay Carroll-Haring
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Any attorney advising you on whether your previous employer can prevent you from working for or starting a competing dog-walking business will need to review the actual contract that you signed with your employer. Its that simple. Given that I don't have the actual contract to review, the law in California is that agreements in restraint of competition are pretty much not enforceable. But there are EXCEPTIONS to this RULE-and your contract might contain one of those exceptions-so be careful! Two common exceptions (to a non-compete clause being unenforceable) go to the scope of the actual limitation. If the non-compete clause is limited to a locality where your ex-employer's business is located, or is limited to a shortened timeframe, these may be held reasonable limitations and could be enforced by California courts. Again, be careful! My best advice for you is to get good legal advice as to whether the non-compete clause of the agreement you signed with your ex-employer is limited in scope enough to be enforceable in California. It's just impossible to say without examining the actual contract.
Answered on Oct 15th, 2015 at 12:36 AM

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