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employment contracts - Page 2

post #16 of 20
Thread Starter 
yes.
post #17 of 20
Quote:
Originally Posted by Kyoung05 View Post
California. Business and Professions Code § 16600 provides that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."

In Morris v. Harris, a California court held that the section invalidates agreements that seek to prevent former employees from accepting work from any of the former employer's clients. Further, according to Diodes, Inc. v. Franzen, a former employee may also solicit employees from his or her former employer if unlawful means or acts of unfair competition are not used.


That's very interesting. Was this a decision from the Supreme Court of California?

In my experience (Ohio law), a complaint for breach of a non-compete goes hand in hand with a claim of misappropriation of trade secrets. If one doesn't get you, the other will.
post #18 of 20
This is not slavery or indentured servitude. It is a question of specific performance of a personal services contract, which is not enforceable under contract law. However, there can be liquidated damages and/or equitalbe damages awarded by a third party. Most employment contracts have a mandatory arbitration clause.
post #19 of 20
Quote:
Originally Posted by Eponym View Post
That's very interesting. Was this a decision from the Supreme Court of California?

In my experience (Ohio law), a complaint for breach of a non-compete goes hand in hand with a claim of misappropriation of trade secrets. If one doesn't get you, the other will.

Yes, CA Supreme Court.
post #20 of 20
Get a lawyer friend to review the contract with you. there's gotta be a loophole somewhere.
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