non-competition

Out of context: Reply #17

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  • vaxorcist0

    Are you in California?

    (Wikipedia says)
    "Non-compete agreements are automatically void as a matter of law in California as against public policy, except for a small number of limited circumstances expressly authorized by statute. (California Business and Professions Code Section 16600). See, e.g., Edwards v. Arthur Andersen LLP, 44 Cal. 4th 937 (2008). They were outlawed by the original California Civil Code in 1872"

    You can also argue about the "restriction on employee's ability to earn a living."

    I've been asked to sign a few, and I usually have been able to have a conversation to address the business partners real underlying fears, rather than have my rights taken away in a rather arbitrary way..... If they're hardline, I'd look for other people to do business with, as this may lead to future issues....

    If they have no clients and are asking you to sign a non-compete, they probably have something slightly different in mind than the usual law is about.... or maybe they've been just told by a lawyer to "cover all bases" which isn't really meaningful....

    I can guess they're a startup and they don't want you to steal the ideas.... a non-disclosure agreement may suffice.... but IANAL....

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