What to about a possible non-compete agreement?

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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 9 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.


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