California Complaint for Injunction - Covenant not to compete

State:
Multi-State
Control #:
US-CMP-10058
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint for an Injunction and Other Relief. The plaintiff asked the court to issue an order enjoining the defendant from further violation of a covenant not to compete in the relevant area. The plaintiff also requests that damages be paid to him/her to compensate for the violation of the covenant.
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  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete
  • Preview Complaint for Injunction - Covenant not to compete

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FAQ

Unlike most other states, non-compete agreements are unenforceable in California. Under California law, a non-compete agreement cannot be used to protect confidential company information. Instead, employers must turn to other ways to protect confidential information and trade secrets.

AB 1076 requires employers to affirmatively notify all current employees and former employees (those employed after January 1, 2022) who signed a void non-compete, that the clause or agreement is void. Employers must provide this notice by no later than February 14, 2024.

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law.

California is an outlier compared to most states; non-compete agreements are unenforceable. While employers can seek out other ways to protect confidential company information, a non-compete agreement will not accomplish those goals.

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.

On September 1, 2023, California Governor Gavin Newsom signed Senate Bill (SB) 699 into law, prohibiting employers from entering into or attempting to enforce noncompete agreements, which are void under state law. The law is set to go into effect on January 1, 2024.

On October 13, 2023, California Governor Gavin Newsom signed a bill into law that will reinforce the state's ban on noncompete agreements in employment by making it unlawful for employers to mandate that employees sign post-employment noncompete agreements and requiring employers to notify current and former employees ...

Based on this context, the terms the new law prohibit employers from attempting to enforce a noncompete that is unlawful in California, regardless of whether the contract was initially signed and the employment was initially maintained outside of California but the employee subsequently moves to California.

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California Complaint for Injunction - Covenant not to compete