QUESTION
Should I sign a non-compete agreement for my paid summer internship?
Asked on Apr 19th, 2015 on Employment Contracts - California
More details to this question:
I secured a summer internship but the business owner has sent me what she calls a "non-disclosure, confidentiality, and non-compete agreement" and I absolutely do not want to sign it. From what I've read online, it seems like people who do sign these cripple their future careers. I'm a 20 year old female, junior in university, that lives in California. I also read online that non-compete agreements are not legal in California, but I'm not sure if it's true. I'm really upset that she's even expecting me to sign this document at all. One of the stipulations is that I cannot work for a business in this industry (event planning) for FIVE years. I don't even understand a lot of what was written in this agreement. I would like to be able to send in the full thing and have a professional break down for me line by line what it actually means. I want to take the internship, but I cannot sign this document out of fear of shooting myself in the foot later on. Help!
1 ANSWER
It is true that, while most jurisdictions look closely at non-compete provisions in employment and refuse to enforce them if they are deemed overbroad, California prohibits them altogether except in circumstances which do not seem to apply to you. It can even be considered wrongful under California law to include one in an employment contract - your employer could get in trouble, apart from not being able to enforce the provision. Frankly, I doubt very much whether any jurisdiction in the country would enforce a covenant which prohibits a intern from working in the event planning industry for 5 years. However, regardless of the contract, you could not use any trade secrets belonging to your employer, any you owe your employer a duty of loyalty while employed by her.
Answered on Apr 20th, 2015 at 11:03 AM