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Perspective

Dec. 11, 2009

Walking the Line: Using Non-Solicitation Agreements

D. Gregory Valenza of Shaw Valenza says public policy issues have furthered court restriction on use of non-solicitation agreements.

By D. Gregory Valenza

In Employment Law 101, we learn California's public policy favors free and open competition for employees' talent. Business and Professions Code Section 16600, concisely provides: "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."

That public policy collides with other laws' protection of competing businesses by, for ex...

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