Getting Started with Non-Compete Agreements in Los Angeles
Understanding Non-Compete Agreements for Los Angeles Clients3 min read
For clients in Los Angeles seeking legal advice on navigating the complexities of non-compete agreements, understanding the details of non-compete agreements can be daunting. Particularly for businesses operating in Los Angeles, it's essential to have the backing of experienced business attorneys who have a deep understanding of California state and federal laws. Working with an online attorney from UpCounsel can equip you with the legal counsel needed to make sure your business is properly lostrated in California.
Non-compete agreements, or clauses that govern how an employee may use confidential information and compete against an employer after their employment has ended, are complex legal entities. Although they restrict certain conduct by former employees, non-compete agreements are enforceable if certain prerequisites are satisfied. Each state has interpreted the law differently when determining the enforceability of non-compete agreements. Understanding the specifics of non-compete agreements important for employers to ensure they are adequately protected and employees to understand and protect their rights.
What to Consider When Drafting a Non-Compete Agreement in California
If you’re looking to put in place a non-compete agreement in California, you’re going to want to be aware of the specifics of non-competes and the considerations to make when drafting such an agreement. First, an employer must have a legitimate business interest to protect and the agreement must be reasonably related to the protection of those interests. California employers must also ensure to not impose any reasonable restraints when drafting a non-compete agreement, taking into account the nature of the interests, the employee’s skill and knowledge, and the possible harm to the public or other employers as a result of the restrictions being imposed.
Non-compete agreements in California must also be limited to the geographical areas and time restrictions that are most essential to protect the legitimate interests of the employer. The time restrictions should also not exceed more than one year after termination of employment.
Finally, employers in California must provide something of value to the employee and the employee must enter into the agreement freely and voluntarily. If the employee was forced into signing the agreement, it is considered a violation of California public policy.
Enforcing Non-Compete Agreements
When considering whether to enforce a non-compete agreement, the courts may look to the totality of the circumstances to determine the enforceability of a particular agreement. This includes whether the restraint imposed upon the former employee is overly broad or burdensome and whether the employer demonstrated the intent to protect their business interests. Ultimately the courts will decide whether the employer can enforce the agreement or if it should be held unenforceable.
Should you Seek an Attorney?
Working with an online attorney from UpCounsel can equip you with the legal counsel needed to make sure that your non-compete agreement in Los Angeles will be held valid in the court of law and get the job done right. With access to experienced business attorneys that have an average of 14 years of experience, you can be sure that you're getting the highest quality legal services.
At UpCounsel, we offer business attorneys that have detailed profiles that enable you to view their client ratings and reviews of recent work in order to make the most informed decision possible when choosing a legal representative. Whether you need a one-time consult or an entire freelance legal department, UpCounsel's extensive network of online attorneys will be able to provide quality legal services you can trust.