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The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
Elena K Kouvabina
Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …
The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
The Uncertain State Of Employee Nonsolicitation Clauses In California, Elena K. Kouvabina
Elena K Kouvabina
Employee nonsolicitation clauses continue to be a common feature of employment agreements in California. While Section 16600 of the California Business and Professions Code prohibits contractual restraints on the practice of a lawful profession, trade or business, in 1985, the California Court of Appeal held that employee nonsolicitation clauses do not violate Section 16600 because they do not significantly affect employees’ ability to engage in a lawful profession, trade or business. In a recent decision, however, the California Supreme Court pronounced that Section 16600 is violated even if a covenant does not completely preclude one from engaging in a lawful …