Wednesday, September 2, 2009

I work as an independent contractor with my present employer. Can they make me sign that I will not work with any client of theirs for one year?

Non-compete agreements are unenforceable in California with certain exceptions. There is widespread belief that this restriction applies only in the employer-employee relationship; however, that position is not supported by the language of the California Code, and it has been rejected by the courts. The Code protects independent contractors as well, especially independent contractors that are essentially employees, that is, persons who don't work for more than one "employer" at a time in their line of work.

IMPORTANT DISCLAIMER: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney. For more information, please visit: http://www.BealBusinessLaw.com

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