Oakland, CA asked in Contracts, Consumer Law and Employment Law for California

Q: Are personal training non-solicitation clauses lawfully enforceable please read the rest of my information.

I work for a personal training company that focuses on bringing clients to trainers. The made me sign 2 year non-solicitaction agreement. One of these clients finished their sign-up term with them but wishes to work with me personally. Will I be in breach? Is this lawfully enforceable

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, non-solicitation clauses in employment agreements can be enforceable if they are reasonable in scope and duration. However, California tends to favor employee mobility and the right to work, making some non-solicitation clauses difficult to enforce. Your agreement’s enforceability depends on its specific terms and how it balances the company's interests against your right to earn a living.

In your situation, since the client has completed their contract with the company and now wishes to work with you independently, you may have a stronger argument against the enforceability of the non-solicitation clause. Courts often consider whether the client's choice to follow you was truly independent and not due to your solicitation. If the client approaches you without your encouragement, this could work in your favor.

It is important to carefully review the terms of your non-solicitation agreement and consider seeking legal advice to understand your rights and obligations fully. Each case can vary based on its unique facts and circumstances, and a professional can provide guidance specific to your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.