Can I re-write the non-compete, non-solicit contract myself or do I need an attourney to do it?

We bought an established business which uses independent contractors to carry out our services. We want to update the non-compete and need some help on what is legal in California.

We don't want it to be unfair to our contractors, but after recent issues we see we need to take additional steps to protect our business.

Is it legal to include a paragraph stating that a former contractor cannot open a competing business within a time-frame (2 years is ideal)

2 answers  |  asked Feb 26, 2012 5:23 PM [EST]  |  applies to California

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Marilynn Mika Spencer
I assume you are the same asker in Redondo Beach who posted a question about 1099s.

As a business owner, you really need to have an attorney with whom you can discuss your legal issues privately and confidentially. The MEL board is not really set up to handle the kind of detailed analysis that is needed in your 1099 situation. MEL works best for short, specific questions that allow for short, specific answers. Perhaps more importantly, anyone can read the discussions on MEL so they are not confidential. Your legal adversary can read whatever is written here.

If you would like some referrals to business attorneys in your geographic area whom I find ethical and competent, please contact me privately at mspencer@spencerlawoffice.com and include a copy and paste of your messages and my response, to refresh m memory.

And I agree with the other response that non-competition agreements are unenforceable in California. There are a few exceptions, but again, this is something to go over with an attorney in private.

____________________________________________
Marilynn Mika Spencer
The Spencer Law Firm
2727 Camino del Rio South, Suite 140
San Diego, CA 92108
(619) 233-1313 telephone // (619) 296-1313 facsimile
mspencer@spencerlawoffice.com

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on this web site as a service to the public, primarily when general information may be of assistance. A web site such as this is not an appropriate forum for an in-depth response or a detailed analysis for many reasons, including that the communication is not private. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

posted by Marilynn Mika Spencer  |  Feb 26, 2012 6:10 PM [EST]
Ken Koury
Non-compete agreements are illegal in CA.

posted by Ken Koury  |  Feb 26, 2012 5:33 PM [EST]

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