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  1. #1

    Default Non-Compete Clause Agreement Help

    My question involves employment and labor law for the state of: California

    My wife works for this healthcare staffing company (we'll call it "ACME") for 6 years now. She has been assigned to one particular site (retirement facility) for 5 years. Recently, this retirement facility changed to new owners/management. Now, the new management wants to hire the staff from my wife's department directly and will no longer renew the annual contract with her current staffing employer ACME. Turns out, she originally signed a non-complete clause agreement with ACME back in 2002 when she signed up.

    Yesterday, she informed her employer about her intention to resign at the end of this year (when ACME's contract with the facility expires) and obviously they immediately realized she will be employed directly with the retirement facility. So the owner of ACME called her up and threatened her, mentioning about the agreement that she initially signed with them... that she can't work for the retirement facility cuz they are a "competitor" (for a period of 3 years). I understand that non-compete clauses is not enforceable in California. Should she worry about this?

    There are also other questionable things about the Agreement that she initially signed with ACME:
    1.) The "agreement" only mentions that it is effective for her first 2 years of employment. She is now on her 6th year with them.
    2.) Can an employment agreement be considered legal if it isn't notarized, no witnesses, and the employer never signed it? The only copy she has with her signature only.

    Any feedback/insight would be highly appreciated. Thanks in advance!

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non-Compete Clause Agreement Help

    It may not be enforceable but it is always best to run any non-compete by a contract or employment attorney in your area for review & advice.

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