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Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
(c) [Employee name] agrees not to set up in business as a direct competitor of [company name] within a radius of [number] miles of [company name and location] for a period of [number and measure of time (e.g., ?four months? or ?10 years?)] following the expiration or termination of this agreement.
You agree that at no time during the term of your employment with the Company will you engage in any business activity which is competitive with the Company nor work for any company which competes with the Company.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
- The two most common settings for legitimate non-competition agreements are the sale of a business and an employment relationship. When a non-compete agreement is ancillary to the sale of a business, it is enforceable if reasonable in time, geographic area, and scope of activity.