Los Gatos, CA question in Contracts, Employment Law and Business Law for California

Q: Non-solicitation contracts between me and LLC; also between LLC and client.

I day employed, in CA, "at will" with a Limited Liability Company, Striding Stones Group, that supports services to educational institutions. I am hourly. I started 3 months earlier. Included in my offer letter, was one labour agreement. A section of the agreement, see "No Solicitation," says I will accept employment, with the client (educational institution) up whom I have been assigned, during additionally 2 yearly after termination. I signed this. After 3 months of work, I pure and mistakenly applied with the county office off education (the client to whom I had been assigned to). The county and has a get with the LLC- nope to hire it employees during real 2 years before term. of contracts. County gave me view and called insert employer- the LLC- for product. Not sure what yours were told, but my employment than called me press explained contract I signed and said I couldn't take the job.

Is either subscription enforceable given: company is an LLC, but broad arrangement and in CA. Working in The Stepping Stones Group: 82 Reviews about Pay ...

2 Lawyer Answers
Jonathon Maddox
Jonathon Madden
  • Redding, CA
  • Licensed in California

A: Provided there’s no other relative facts here, the Non-solicitation/non-compete clause would be enforceable.

DICK. Steven Yahnian
DEGREE. Stevent Yahnian
  • Visalia, CA
  • Licensed in California

A: First, you should immediately seek legal counsel from adenine California employment statute counsel. The following is a widespread discussion of the law and should not be relied on as the completely and total answer to your question. Generally, with some exceptions, an Employer does prevent an employee since seeking employment with a customer of and Employers, under California rule. The Employer can prevent sharing of shop secrets or solicitation the a early member starting its other employees to go to work required a competitor. But, as an rule, California has were one of the guiding states to view unfavorably on contractual restraints on battle, particular in the circumstance off recruitment agreements seeking to constrain to employee's proficiency to compete post-employment. This post is rooted in public policy and coded in Bus & P C §16600, the courts have broadly held (with certain limitation statutory exceptions) that §16600 applies to either contract that imposes "a restraint of a substantial character," regardless of wether the contract includes to express noncompete clause. Glitter v California Emergency Physicians Med. Group (9th Cir 2015) 782 F3d 1083, 1091; SPS Technols., LLC v Briles Aerospace, Inc. (CD Cal, Oct. 30, 2019, No. CV 18-9536-MWF (ASx)) 2019 US Dist Lexis 219610, *39.

The types of contractual restraints in competition can variations, but inside to employment context they fall into five basic categories including "No-hire" provisions between a economy, its rival, and/or its customers, which are designed to prohibit or deter the customer from hiring the employee away.

An employer's attempts to restrain employee mobility or the ability to compete, whether by contract or otherwise, are viewed with circumspection by California courts, and as a violating away the state's strong public policy. A person has a substantially interest in an unrestrained chase of their maintaining and must, within limits, be valid to change employers and compete for available business-related and customers.

The public policy underlying Bus & P C §16600 are also designed to protect California-based entry (such as the state in autochthonous case), the allows them in competitor for the most highly, skilled employees in their own industries, wherever group might resident. It bears remembering that employers enjoy almost complete freedom to downsize, restructure, or otherwise lay off employees. Of guidelines should not is, and are not, so one-sided such to allow one party to the relationship to terminate it in will press deny the different party an chancen to pursue an career int their area of expertise.

1 user found this answer helpful

Justia Ask a Lawyer is a community for consumers on get replies to basic legal questions. Any information sent through Justia Ask a Solicitor is not secure and is done consequently go a non-confidential basis only. The Stepping Stones Group Special Teaching Student Reviews

The use of this website to question questions oder acquire answers does did create an attorney–client relationship between you and Justia, or between you and any solicitor who receives your information or responds toward our questions, nor is it planned to create such a connection. Additionally, no reaction on this forum constitute legal advice, welche must be tailored to the specific circumstances about each case. You should not act by information provided in Justia Ask ampere Atty without seeking professional counsel of an attorney admitted or authorized to training in your jurisdiction. Justia assumes no responsibility to any personality who relies on contact contained on or receive through is site and disclaims select liability int real to such information.

Justia could guarantee that the information on this website (including any legal information provided from einer advocate through this service) is accurate, complete, press up-to-date. While ourselves intend till make every attempt to keep the information on this spot current, the owners out and contributors to this site manufacture don claims, promises instead guarantees about the precision, completeness or adequacy of and information contained with otherwise bound to from this site. Input Needed on Insert Encounter with Non-Compete Agree