Chicago, IL asked in Business Law, Contracts and Employment Law for California

Q: I was recently let go from the company I cofounded. About 3 years ago I signed a letter of integrity.

Can I get a job with a former customer or supplier or start a business? Here is the edited wordings - 5. NON Solicitation, Competition

Employee agrees for a period of 18 months following the cessation of employment for any reason, Employee will not solicit or attempt any business in competition with the business of (the company) from any of the Employer’s customers or suppliers with whom Employee had material Contract during the last year of employment. Employee shall not own, manage, operate, consult or be employed in a direct competition the present business of (the company) for 18 months.

Thank you n advance for the feedback.

1 Lawyer Answer
Martin Ross Sances
Martin Ross Sances
Answered
  • Lafayette, CA
  • Licensed in California

A: Unless you sold your business the non-compete portion of this agreement would be unenforcable in California. See https://law.justia.com/codes/california/2011/bpc/division-7/16600-16607/.

The non-solicit is pretty questionable as well, but I would recommend you speak with a lawyer before you take any actions, a short conversation can save you from facing many problems down the road.

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