Bay Area Non-Compete Agreement Attorneys
Many businesses, especially in Silicon Valley, are very protective of their trade secrets and confidential information. They often have new employees sign agreements requiring that the employee not disclose, use, or misappropriate any trade secret or confidential information during or after their employment. However, for these agreements to be legal in California, they generally cannot preclude an employee from working for a competitor. However, there are exceptions to the general rule.
In California, Business & Professions Code §16600, et seq., generally permits employees to work for an employer that competes with their prior employer so long as the employee does not misappropriate, disclose or use trade secrets belonging to their former employer.
Business & Professions Code §16600 provides: “Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”
There are a few exceptions to this general rule and special laws pertaining to partnerships, limited liability companies, certain corporations, the publication industry, telephone answering service and employment agencies.
Additionally, please note that use of a company’s confidential information, which may not be a trade secret, could be a violation of the Unfair Competition Law (Business & Professions Code §17200) since generally, everything an employee acquires by virtue of his or her employment belongs to the employer (Labor Code §2860).
Contact Our Attorneys With Expertise In Non-Compete Agreements
At the Bay Area law offices of Habbu & Park we have years of experience drafting and litigating non-compete agreements in San Jose and other areas in California.
If you are concerned about your non-compete agreement or if you are dealing with a claim under a non-compete agreement, we can assess your situation, give you the guidance you seek, and provide you with relief of the stress associated with non-compete agreement disputes. The attorneys at Habbu and Park can be reached by phone at 408-993-9577, by email, or by visiting us at 95 South Market Street, Suite 530, San Jose, California 95113.