This form is a Key Employee Non-Disclosure and Non-Competition Agreement. The form provides that this is an employment at will and the employee has the right to terminate his/her employment at any time. The employee also agrees to keep all information obtained as a result of his/her employment confidential. The employee will not interfere with the employer's business in any manner, including, encouraging anyone to leave the employer's company or by encouraging a consultant to sever the relationship with the employer.
California Key Employee Nondisclosure and Noncompetition Agreement
Category:
State:
Multi-State
Control #:
US-KWP-0038
Format:
Word;
Rich Text
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FAQ
Noncompete agreements are typically deemed illegal under the California Business and Professions Code unless the agreement has been made between two business owners or partners.
A nonsolicitation agreement restricts an employee from soliciting the business of specific customers of the employer, typically within a set time period. Nonsolicitation agreements are almost always void and unenforceable in California.
Moyes, the court determined that as a long as an employee non-solicitation agreement is lawful, reasonable and does not have a significant negative impact on trade/business, such agreement will be held valid and enforceable under California state law.
California State Law and Employee Non-Solicitation Agreements. California courts have already determined that non-disclosure and client/customer non-solicitation agreements are not valid or enforceable.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Can I work for a competitor in California? An employer may prohibit a current employee from competing against his employer while employed. But as a general rule the employer may not seek to prevent the employee from competing after the employment relationship has ended.
Generally, non-compete agreements are not enforceable in California, and if an employee refuses to sign a non-compete agreement, the employer may not terminate the employee.
A nonsolicitation agreement restricts an employee from soliciting the business of specific customers of the employer, typically within a set time period. Nonsolicitation agreements are almost always void and unenforceable in California.
California courts have generally invalidated agreements not to compete upon the termination of employment or upon the sale of interest in a business without inquiring into their reasonableness, they have invalidated other contractual restraints on businesses operations and commercial dealings only if such restraints
In many states, employers may require an employee to sign a non-compete agreement as part of their employment contract. However, employees in California don't have to worry about non-compete agreements; they are not enforceable under California law.