Civil Litigation,
Labor/Employment
Jul. 10, 2019
Time to reconsider nonsolicitation provisions?
Until recently, employee nonsolicitation provisions were believed to be the last post-employment restrictive covenant that California law still generally allowed, assuming they were properly drafted.
Michele Haydel Gehrke
Partner
Reed Smith LLP
Email: mgehrke@reedsmith.com
Michele is a Labor and Employment partner in the firm's San Francisco office.
Anne Cherry Barnett
Partner
Reed Smith LLP
Email: abarnett@reedsmith.com
Anne is a Labor and Employment partner in the firm's San Francisco office.
California has a long history as a state with strong employee protections. One example is the ban on restraint of trade related to post-employment noncompete and customer nonsolicitation agreements for its employees. Such provisions have long been invalid as a matter of public policy, absent limited exceptions related to the sale of a business and trade secret protection. Until recently, employee nonsolicitation provisions were believed to ...
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