The timely, cost-effective resolution of a wrongful termination claim calls for an attorney who is experienced in handling employment law matters and providing personal service. Contact our firm today to schedule a consultation and case evaluation with an employment law attorney.
Wrongful Termination Law Attorneys in Los Angeles
Helping Southern California Businesses and Employees Understand Employment Law
The attorneys of the Bononi Law Group, LLP, represent both employees and employers in Los Angeles and throughout southern California in wrongful termination and firing claims. For more details about how we can defend your rights or the rights of your firm in these cases, please visit our wrongful termination page.
Below we have provided some general information to educate you and your business about how wrongful termination law in California. To get answers about your specific case, contact us to arrange a no-charge consultation with one of our experienced attorneys.
Thank you for contacting Bononi Law Group, LLP. Your message has been sent.
Call us now
or use the form below.
At Bononi Law Group, LLP, we work with clients in southern California engaged in wrongful termination or who need in-house training regarding wrongful termination law. When you retain our services you can rely on us for effective representation and personal client service. For more information regarding wrongful termination law and our firm, call 1-800-641-5548.
The lawyers of the Bononi Law Group, LLP, have earned a reputation for diligence and excellence and include legal lectures and educators and a lawyer who has been selected as one of The Best Lawyers in America each year for more than 20 years. For effective legal help from wrongful termination law attorneys, call 1-800-641-5548.
Some employers ask their employees to sign non-compete agreements. Non-compete agreements may prohibit employees from working in certain geographical regions or sectors of an industry once they have left the company. Employers do this for a variety of reasons, including protecting their trade secrets and customer goodwill. Courts do not always uphold non-compete agreements, however. Limits on the right to earn a living are closely scrutinized. For answers to your questions about non-compete agreements, contact an employment law attorney at Bononi Law Group, LLP in Los Angeles, California.
Requirements for Valid Covenants Not to Compete
To be considered valid, an agreement (or covenant) not to compete must:
- Be given in exchange for some benefit at the time it is signed
- Protect a legitimate business interest of the employer
- Be reasonable in scope, geography and time
Non-compete agreements typically must be supported by consideration — that is, the employee must receive something of value in exchange for the promise not to compete. If an employee signs a non-compete agreement in anticipation of beginning employment, the employment itself is sufficient consideration. If an employee signs the agreement after beginning employment, however, the mere promise of continued employment is not valid consideration. In this case, the employee must receive something else of value in exchange for the promise. Such additional consideration may consist of a promotion or another benefit that was not part of the original employment agreement.
Protection of Legitimate Business Interests
The goodwill that a business develops in its customers is one of its most important assets. An employer therefore may use non-compete agreements to prevent former employees from capitalizing on that goodwill to compete with the employer.
Likewise, an employer may use covenants not to compete to protect its confidential information. Confidential information includes trade secrets, which are information or processes that an employer keeps secret and that give the employer an advantage over its competitors.
Reasonableness of Restraint
In deciding whether to enforce a non-compete agreement, the court will balance the need to protect the employer's legitimate business interests with the burden the restriction would place on the employee. Courts are rarely willing to put the employee in a position of not being able to earn a living, but they also must take the employer's interests into consideration.
Covenants not to compete must be reasonable in duration and scope. The reasonableness of the duration will depend on the specific facts of the case. For instance, if the covenant is designed to protect confidential information, the duration should be no longer than the time that the information has value to the employer. The reasonableness of the geographical area will depend on the services provided by the employee and the importance of the services to the employer's business. Generally, courts will not allow a non-compete agreement to prevent an employee from working in a geographical area in which the employer does not do business.
If a court finds that a non-compete agreement is overbroad, it may narrow the scope and duration and enforce the agreement as modified. Alternatively, it may refuse to enforce the agreement entirely if it finds that it is intended to prevent legitimate business competition.
Speak with an Attorney
While employers have a right to protect customer relationships and confidential information, they must not exceed reasonable bounds when they make non-compete agreements. If you have signed a non-compete agreement that is causing problems — or if you have questions about a non-compete agreement that has been presented to you — contact an attorney at Bononi Law Group, LLP in Los Angeles, California, to discuss your legal options.
Copyright © 2012 FindLaw, a Thomson Reuters business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.