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Non-Compete Agreements In San Jose California

Jul 30, 2021

Non-Compete Agreements In San Jose California
A non-compete agreement is a legal contract or legal clause within a contract which prohibits an employee from working for a competing business or within a specific trade for a specified time following their period of employment. Often, these agreements also prohibit the former employee from revealing employer information or secrets to other parties.

New hires typically sign non-compete agreements at the start of their employment period. These contracts are most common for employees who will have access to private information or hold a specialized skill that may be advantageous to the competition.

Non-compete agreements typically include:

  • Names and contact information of parties involved
  • The effective date of the contract
  • The purpose for creating the agreement
  • Detailed terms of the agreement
  • Provided compensation
  • Any necessary attachments
  • Signatures of all involved parties

Non-Compete Agreements In Action

It is essential to fully understand the terms and ramifications of a non-compete agreement before signing. Though it may seem safe at the time, one must consider how this type of agreement would affect your life should your employment be terminated or you choose to resign. It could affect your ability to start your own company or find a future career within your field.

Many states do not recognize non-compete agreements as valid contracts. However, some areas require that the terms be reasonable and not create an unnecessary burden on the livelihood of a former employee.

If you are engaged in a non-compete agreement in one of these states, an attorney can help determine if the contract you are party to is reasonable under the law.

Are Non-Compete Agreements Valid In California?

The nature of non-compete agreements goes against the free enterprise system. Thus, California is one of many states who do not recognize these agreements as valid contracts.

Under California Business and Professional Codes, an employer may not prohibit you from participating in a competitive business upon the end of your employment period. However, they may still require that you not disclose private company information or trade secrets. The Law Offices of Nicholas D. Heimlich are familiar with the validity of non-compete agreements in California.

There are some exceptions where non-compete agreements may be valid in California. The primary example of this is for individuals who own a portion of the business. Joint business owners may enter into a non-compete agreement which would be effective upon the dissolution of the company. These often prevent the owners from starting a similar business in a specified geographic area.

Non-Solicitation Agreements in California

In non-solicitation agreements, an employee agrees not to solicit the employer’s clients or employees following the termination of their employment. As with non-compete contracts, these are also invalid in the State of California under California Business and Professional Codes.

If you are a party to a non-compete agreement or a non-solicitation agreement, it is crucial to contact a San Jose contract lawyer to determine if the contract is enforceable under California law. The contract may be valid if the terms are deemed reasonable and do not infringe on employee rights. Expert legal help is key to determining the validity of these contracts.

Contact the Law Offices of Nicholas D. Heimlich today and let our experts determine the validity of your non-compete agreement.

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C O Lee Boyce Jr
C O Lee Boyce Jr
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Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
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I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
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Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
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Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
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Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
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This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
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I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
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I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
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I A
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Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
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Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
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M C
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I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Brandon Lowry
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Great attorney who listens to what you say and provides insight and guidance for your problem. Nick is extremely patient and will fight hard for you. He will also tell you the truth whether you have a case or not so you do not waste your money. Hard to find honesty nowadays.
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Andyn79 Nguyen
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He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
Mark Brown
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Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
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My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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