What to about a possible non-compete agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to about a possible non-compete agreement?
I am an employee of company A and have been contracting with company B for 5 years under agreements between A and B and A and myself. I now want to work directly for B under a 1099 arrangement and cease working for A. I may have signed a contract with A that restricts this arrangement and I would like to have visual verification of this. Are they required by law to show my this signed contract? If they are, and they cannot present it, am I entitled to go ahead and pursue my arrangement?
Asked on March 27, 2013 under Employment Labor Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Non competes are usually illegal in California (automatically void) unless in very limited circumstances. Unless you are breaking apart a partnership (sounds you are more like an employee), Company A has no ability to restrict your association in whatever form with Company B. If you prefer to be armed with the specific information, you may wish to contact the Department of Labor in California and move forward with obtaining copies of statutes, regulations and case laws.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.