Stockton Noncompete Lawyer

Stockton Noncompete Attorney

In California, noncompete agreements are largely unenforceable. Unfortunately, employers continue to insert noncompete clauses into employment contracts, which frequently result in misunderstandings and legal conflicts. In these cases, having a Stockton noncompete lawyer is essential in understanding your legal rights.

Why Choose Asbill Law Group, APLC?

Asbill Law Group, APLC, unites boutique-level personalized service with seasoned litigators’ comprehensive experience. Our dedication to transparent communication keeps clients informed throughout their legal journey, while our straightforward advice helps them choose options that serve their greatest interests.

Our successful history of handling major legal cases against prominent global employers demonstrates our commitment to protecting our clients’ rights while obtaining positive results.

Noncompete Agreements in California

A noncompete clause in a contract requires an employee to avoid competing with an employer once their employment concludes. The main purpose of these agreements is to safeguard trade secrets, along with confidential information and customer relationships.

Across the U.S., nearly 20% of employees are bound by noncompete clauses. However, in California, noncompete clauses are generally banned. California Business and Professions Code § 16600 specifies that contracts that inhibit lawful business activities are null and void. When employers enforce or attempt to enforce noncompete agreements, they face liability for damages and a $5,000 penalty for each affected employee.

Business partners need to hold over 10 percent ownership to gain the sale of a business exemption from California’s noncompete prohibition. The State Bar has the authority to discipline licensed attorneys who enter into or enforce illegal noncompete agreements.

The state acknowledges employees might not understand these agreements cannot be enforced. Requiring employees to sign non-enforceable contracts causes the employer to frighten workers into thinking they will face claims for competition despite the employer’s inability to enforce the contract. An employer who uses this tactic to intimidate employees gains an unlawful competitive edge, which opens them up to claims for unfair competition.

What to Do if Your Employer Asks You to Sign a Noncompete Clause

Workers in California should understand that employers cannot enforce noncompete agreements because state law renders them invalid. You should not overlook the request to sign, nor should you sign without knowing your legal rights. Here’s what you can do:

• Don’t sign right away. Take time to review the agreement carefully. A contract containing unlawful provisions may cause future confusion or intimidate you even if your employer insists the signing process is routine or standard.
• Seek legal counsel. Prior to signing any documents, seek advice from an employment lawyer who understands California law. Legal counsel can guide you through the clause’s effects while determining its enforceability before offering advice on your next steps.An attorney can assist you in negotiating the removal or replacement of any unnecessary or overly broad clause with a legally acceptable alternative, such as a nondisclosure or confidentiality agreement, which is enforceable in California if correctly prepared.
• Document your concerns. Take note of pressured signing attempts by maintaining detailed records of all communications and their corresponding dates. This proof becomes crucial if you face disciplinary actions or termination due to your refusal to comply.
• Understand your rights. Employers face civil penalties if they insert noncompete clauses into most contracts because such clauses are now unlawful. The law mandated that employers inform their employees about the invalidity of noncompete clauses by February 14, 2024.

Signing a contract does not permit employers to force you to relinquish your ability to work in your chosen field. Our firm stands ready to defend your rights and offer support when you’re pressured to sign a noncompete contract in Stockton or any part of California.

How a Lawyer Can Help

Before signing a noncompete agreement requested by your California employer, particularly in the Stockton region, you should take time to consider. An experienced employment lawyer can examine your contract and inform you about your rights while assisting you in challenging illegal terms.

Your lawyer can take up your case in the San Joaquin County Superior Court or assist you in making a complaint to the California Labor Commissioner if you face a dispute. Employment lawyers provide essential protection and guide you through actions that maintain your career stability.

FAQs

Do Noncompetes Hold Up in Court in California?

No, noncompetes generally do not hold up in court in California. California courts usually reject noncompete agreements under existing legislation. Business and Professions Code § 16600 renders noncompete clauses void except in situations involving business sales or partnership dissolutions. The courts maintain their consistent refusal to uphold these agreements, regardless of the state where they were signed.

How Much Does a Noncompete Claim Cost?

Legal fees for noncompete claims in California exhibit significant price variation depending on the case complexity. The price of legal fees depends on settlement timing, evidence collection requirements, and attorney billing rates. Numerous attorneys provide consultation services to help clients estimate future expenses. It is most advantageous to discuss fees with your attorney during your consultation so you can know how much to expect to pay.

Can My Employer Stop Me From Working for a Competitor in California?

Generally speaking, an employer cannot stop you from working for a competitor in California. California law forbids employers from preventing their departing employees from taking jobs with competing businesses. Most noncompete clauses that try to prevent employees from joining competitors after leaving their jobs are deemed invalid.

Employers can, however, enforce legitimate nondisclosure and trade secret agreements. It is essential to consult an attorney about your signed documents.

What Voids a Noncompete Agreement?

Most noncompete agreements in California become automatically void unless they qualify for narrow exceptions, including business sales. Contracts become invalid when they breach public policy standards or try to limit legitimate work opportunities. New state legislation prohibits the creation and enforcement of noncompete clauses except under specific circumstances, making nearly all noncompete agreements automatically void.

Contact Asbill Law Group, APLC, Today

Seek legal counsel when you face conditions to sign a noncompete agreement or restrictions on your employment opportunities. Contact Asbill Law Group, APLC, today to obtain a private legal consultation and allow our skilled California employment attorney to safeguard your rights and future.