Non-compete agreements often create friction between employers trying to protect their business and employees looking to grow their careers. In California, the legal landscape is very clear: most non-compete agreements are not valid. Despite this, some employers still push them onto employees, sometimes relying on a lack of awareness or pressure tactics. California Business Lawyer & Corporate Lawyer, a Riverside employer defense lawyer can offer critical guidance when employees face illegal non-compete agreements at work. Understanding how these agreements are handled in California is important for both sides to avoid serious legal issues.
How California Law Treats Non-Compete Agreements
California has some of the strongest laws in the country protecting an employee’s right to move freely in the job market. Under California Business and Professions Code section 16600, almost any contract that stops someone from working in their chosen field is considered invalid. The courts do not waste time weighing whether a non-compete is “reasonable” or not — if it restricts work, it is almost always thrown out. The Nakase Law Firm provides strategic representation for employers seeking to build a lawful workplace structure while offering employer defense against retaliation claims. Employers are expected to protect their business interests through other legal tools, like non-disclosure agreements or using trade secret laws, rather than trying to lock workers into unfair limitations.
How Some Employers Still Try to Use Non-Competes
Even with clear rules in place, there are companies that try to sneak non-compete clauses into employment contracts. They often hope employees either will not realize what they are signing or will feel too intimidated to challenge it. Sometimes they disguise restrictions under other terms, like calling it a “confidentiality” or “non-solicitation” agreement, but the real effect is the same: blocking the employee from working elsewhere.
Employers might also link a non-compete to a promotion, a bonus, or a severance package, putting workers in an uncomfortable spot. Even though these agreements are not enforceable, many employees feel pressure to sign just to avoid conflict or losing a benefit they have earned.
Recent Changes That Strengthen Employee Rights
In 2023, California lawmakers took more steps to shut down illegal non-competes. Assembly Bill 1076 made it clear that employers cannot just avoid enforcing these contracts — they are not even allowed to make employees sign them in the first place. Companies must now send notices to current and past employees telling them that any non-compete they signed is void.
Workers also have more power to fight back. Thanks to the Private Attorneys General Act (PAGA), employees can file claims not just for themselves but for groups of workers harmed by these practices. These changes give real weight to California’s goal of keeping the job market open and fair.
What Happens When an Employer Tries to Enforce a Non-Compete
If a company tries to act on a non-compete, the outcome usually does not favor them. Here’s what typically happens:
- The court throws out the agreement: Judges in California are quick to strike down non-compete clauses.
- The employer may face penalties: Employees can seek financial penalties under PAGA if the company violated the law.
- Wrongful termination claims could follow: If an employer fires someone for refusing to sign an illegal agreement, the worker might have grounds for a lawsuit.
- Unfair business practice lawsuits may arise: Using illegal non-competes can expose companies to claims under the Unfair Competition Law.
Employers who try to control former employees through illegal agreements often face bigger problems than they tried to prevent.
What Employees Can Do If Faced with an Illegal Non-Compete
When an employee is handed a non-compete to sign, it is important not to panic. Here are the most effective ways to respond:
- Say no to signing: There is no legal duty to agree to an invalid contract.
- Get legal advice: An employment lawyer can review the situation, explain the risks, and help protect the employee’s rights.
- Report the violation: Employees can file a complaint with the Labor Commissioner or bring a case under PAGA.
- Challenge any enforcement attempt: If an employer tries to act on the agreement, the employee can ask a court to rule it invalid.
Taking early action is the best way to protect career options and avoid unnecessary legal battles later.
Rare Exceptions Where Non-Competes Are Allowed
California’s ban is very broad, but there are a few exceptions where non-competes can be used legally:
- Sale of a business: If someone sells their company, they can agree not to start a competing business within a certain area.
- Dissolution of partnerships or LLCs: When business partners go their separate ways, limited non-competes might be allowed.
Outside of these specific situations, California does not allow non-competes, no matter how they are written or justified.
The Grey Area of Non-Solicitation Agreements
Non-solicitation clauses — which try to prevent former employees from reaching out to customers or co-workers — fall into a legal grey area. In the past, California courts sometimes allowed them if they were very narrowly written.
But in more recent cases, such as AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., judges have made it clear that even non-solicitation agreements can violate California law if they block someone’s ability to work. If a clause keeps an employee from doing their job by limiting their contacts with former customers or coworkers, it could be treated just like an illegal non-compete.
The direction from the courts shows a growing unwillingness to accept any contracts that slow down a worker’s ability to find new employment.
How Employers Can Protect Themselves Without Non-Competes
Instead of relying on illegal non-compete clauses, businesses should use legal tools that actually work:
- Use solid non-disclosure agreements: Protect company secrets without limiting employees’ career choices.
- Train employees on confidentiality: Make sure staff know what information must stay protected even after they leave.
- Build employee loyalty: Workers are more likely to stay when treated well, not because of unfair contracts.
- Strengthen customer relationships: Providing great service keeps clients loyal far better than trying to block competition with contracts.
Employers who focus on lawful ways to protect their business not only stay out of legal trouble but also create workplaces where talented people want to stay.
Closing Thoughts
California law sends a clear signal: non-compete agreements have no place in the workplace. Companies that try to control their workers’ future careers face real risks, from lawsuits to penalties to damaged reputations.
Employees should trust that the law is on their side and seek help if an employer tries to overstep. With strong rights and smart legal support, California workers can keep moving forward, free to choose the best opportunities for their careers.
