The dynamism of Silicon Valley cannot be described as a factor. Scientists have tried to combine its success with a combination of basic conditions that set in motion favorable dynamics decades ago and a variety of agglomeration benefits that continue to support this positive cycle. A defining feature of California, however, is that companies simply can`t impose non-compete clauses on their employees — because the state doesn`t legally recognize them. Compare that to the U.S. state of Massachusetts, where courts enforce non-compete obligations — one of the reasons for the significantly lower mobility of employees between companies and the resulting decline in the once-vibrant information technology cluster along Route 128 in the Greater Boston area. 14. If the non-competition clause I signed is enforced, it means I can`t make a living at all. What must I do? Ultimately, effective methods must be put in place in practice to facilitate the applicability of these agreements and better protect the interests of employers. Probably not. Most courts have held that an employer who engages in an illegal activity that results in the dismissal of an employee cannot enforce a non-compete agreement against the employee who resigned for that reason. The 1992 Labour Code merely provided that, after the termination of an employment contract following the conclusion of an agreement containing equitable remuneration, employees could be subject to non-compete obligations or restrictive agreements for a period of three years and that such agreements were subject to civil law.
On the other hand, the employer can sue you and go to court to get a so-called “injunction” or injunction to prevent you from violating your agreement. Since a breach of a non-compete obligation can cause direct harm to an employer, the court will often apply expedited procedures in these cases. Once your employer has applied for an injunction or injunction, they may only expect a few days or weeks before you have scheduled a hearing before a judge. You may have very little time to hire a lawyer and discuss your case with that person, so be sure to seek the help of an experienced labor lawyer once you know your employer is challenging your actions. #3: They can help you retain employees. With a non-compete clause, employees are less likely to leave. You can even include a clawback clause in the agreement that requires your employees to reimburse your training costs if they leave before a prescribed deadline. As an employer, you may find these tools useful to protect the investments you`ve invested in your employees.
Legally, no, but it may give you an indication that the employer does not see the cost and risk of trying to enforce the agreement as valid. It may also be that the employer has decided that the agreement is likely to be unenforceable anyway. Unfortunately, this is not a guarantee that the employer will not try to apply it in your case. Before you consciously decide to breach a non-compete obligation to which you are subject, consult a lawyer who can review the agreement with you and help you evaluate an appropriate action plan. . . .