Danville, CA asked in Employment Law for California

Q: Can California employer enforce non-compete on their current employees?

For example, a hair salon ask their employees to disclose other hair salons they work at due to "conflict of interest". Can they fire the employee or force them to quit the other job if they disclose it? Do the employee have to disclose it?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The law does not prohibit non-compete provisions with employees because no employer wants an employee who could be taking business elsewhere. The law rendering a non-compete provision unenforceable applies to former employees.

Good luck to you.

James R. Dickinson
James R. Dickinson
Answered
  • San Bernardino, CA
  • Licensed in California

A: Without speaking to your specific situation [more information is needed [don't share anything more here]], employees owe their employers a duty of loyalty, which includes the obligation of not competing with their employers interests. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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