San Bernardino Non-Compete Agreement Lawyer
It’s Your Livelihood.
Your Wellbeing at Work is Equally as Important Off the Clock.
San Bernardino Non-Compete Agreement Attorney
Have you been wronged by your employer? Please call Theory Law at (310) 439-8874 to speak with a Non-Compete Agreement Lawyer.
Contracts form the basis of business relationships and agreements. While many binding contracts are enforceable through the courts, you may be wondering whether or not a company can stop you from leaving to work for another business in a related field. A San Bernardino non-compete agreement lawyer can help you understand your rights. Many workers hire a San Bernardino employment lawyer to review important documents before they sign.
A Trusted San Bernardino Law Firm Serving Employees
-compete agreements are commonly used to tell workers that they cannot accept jobs with competitors, but not all agreements are enforceable under state law. Theory Law focuses on helping workers in and around San Bernardino. We understand contract law and whether or not an agreement is enforceable.
Studies have found that 29.3% of firms based in California still use Non-Compete Agreements (NCAs) for workers. If you have questions about these agreements, we can review the NCA before you sign it, or we can let you know if a past agreement is enforceable in the courts. Our firm never takes a cookie-cutter approach to cases because we understand that every case is unique and deserves individual care and consideration.
Are Non-Compete Agreements Enforceable in California?
In nearly all cases, NCAs are unenforceable in California. This is due to Business Professions Code Section 16600, which states that any contract that restrains someone from engaging in a lawful trade or business is void. California is one of only four states that prohibits non-compete agreements.
Whether you work in downtown San Bernardino, near Inland Center Mall, or elsewhere in our county that employs around 682,275 workers, you are protected if you take on a new job in your chosen field. Even if your employer tries to threaten you with legal action, your ability to seek work elsewhere is not in jeopardy.
Some documents may have specific restrictions for protecting trade secrets or client lists. Your safest bet is to have the document reviewed by an attorney who understands employment law. Having a legal review done can afford you peace of mind and certainty on the matter.
Should I Worry About Retaliation for Breaking a Non-Compete Agreement?
Even though most NCAs are not enforceable in California, some employers still attempt to retaliate against former employees. They may send a cease-and-desist letter, or they may even contact your new employer with a threat to take legal action.
Workers in San Bernardino’s medical corridor, around the San Manuel Stadium district, and elsewhere may face this type of pressure after switching jobs. Retaliation can be stressful and disruptive, especially when you’re starting a new position, but it is important to remember that California law protects you from this kind of employer misconduct. Any retaliation you suffer based on the NCA could allow you to take steps to protect your rights under state law.
Why Legal Representation Is Critical for Protecting Your Rights
When you’re facing pushback over a non-compete agreement in San Bernardino, having legal representation can greatly improve your chances of success. An attorney can review your NCA to determine if the document is enforceable or if only certain portions of the agreement may be enforceable. Having legal representation allows you to learn about NCAs and contract law.
Legal guidance ensures you don’t become trapped under unenforceable terms. Employers may attempt to confuse or intimidate you, but you don’t have to take those threats alone. A lawyer familiar with the courts and legal climate in San Bernardino County can protect your interests and communicate directly with your employer so you can focus on your job.
FAQs
Q: How Much Does a Non-Compete Lawyer Cost?
A: The cost of hiring a non-compete lawyer can vary depending on the complexity of the agreement and your specific legal needs. A San Bernardino employment lawyer may charge an hourly rate or offer flat-fee consultations. It’s important to get legal advice tailored to your situation, especially when your livelihood or future job opportunities may be impacted by restrictive contract terms.
Q: Do Non-Competes Hold Up in Court in California?
A: In most cases, non-compete agreements do not hold up in court in California. State law strongly favors employee mobility and generally voids any agreement that restricts a worker’s ability to engage in lawful employment. However, there are limited exceptions, such as when a business is sold. A court will usually reject any restriction that unfairly limits future work opportunities or violates public policy.
Q: Can I Work for a Competitor if I Sign a Non-Compete Agreement in California?
A: Generally, yes, you can work for a competitor if you sign a non-compete agreement in California. California law prohibits most non-compete agreements, meaning you can usually accept a job with a competitor even if you signed such an agreement. However, you may still be bound by clauses related to trade secrets, confidentiality, or non-solicitation. It’s a good idea to have an attorney review your contract to ensure you’re not violating any enforceable terms.
Q: Is There Any Way to Get Around a Non-Compete Agreement?
A: There may be a way to get around certain terms of a non-compete agreement. In California, most non-compete agreements are already unenforceable under state law. If you’re outside of California or your contract contains other restrictive clauses, options may include negotiating release terms or challenging the agreement’s scope. Speaking with an employment lawyer can help you understand your rights and identify the ideal way to move forward without legal risk.
Q: What Should I Do if I’m Threatened Over a Non-Compete?
A: If you are threatened over a non-compete, do not respond without first consulting a lawyer. In California, these agreements are usually not enforceable, but employers may still attempt to intimidate former workers. An attorney can review the contract, explain your rights, and respond appropriately on your behalf to protect your job and reputation.
Schedule Your San Bernardino Non-Compete Agreement Consultation Today
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