** CONFIDENTIAL COMMUNICATION ** The information contained in this electronic mail (e-mail) and any attachments is for the exclusive use of the addressee(s) and may contain confidential, privileged and/or proprietary information. Any other use of these materials is strictly prohibited. DO NOT COPY OR FORWARD TO UNAUTHORIZED PERSONS. Unauthorized interception of this e-mail may be a federal criminal offense subject to the Electronic Communications Privacy Act, 18 U.S.C. §2510 et seq. If you have received this communication in error, please notify us immediately by telephone at (619) 233-1313 and destroy all electronic, paper or other versions.
Thank you for contacting The Spencer Law Firm!I understand how frustrating this situation is. Oral and written contracts (agreements) are usually, but not always, enforceable. The extent to which they are enforced varies depending on the language in the contract and the subject matter of the contract. California law disfavors non-compete agreements, which means that even if you and another party enter into that kind of agreement, a court is unlikely to enforce it. The California Business and Professions Code section 16600 states "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." Therefore, almost all non-compete agreements that attempt to restrict individuals in their work will be unenforceable. There are some exceptions. Business-to-business non-compete agreements have a better chance of being enforced, but even these are disfavored.California allows businesses to protect trade secrets and allows businesses to take certain other actions for their own protection.You should discuss the specifics of your situation with an attorney who practices business law or employment law. The attorney will certainly need to see the contract you want to enforce.This office represents clients in employment and labor law matters. If you are seeking legal representation for an employment or labor law matter, you may call our office at (619) 233-1313 to schedule an appointment for a telephone intake. The scheduling call will take only a few minutes; the intake appointment will take 15 to 20 minutes.No attorney-client relationship has been established between you and The Spencer Law Firm. The content of this message is NOT LEGAL ADVICE. The Spencer Law Firm has not analyzed in detail the content of the message you sent, and cannot and does not give legal advice based on contacts from mail, e-mail, Internet, or similar inquires, or based on partial information. The Spencer Law Firm will take no action based on this e-mail exchange.Please note that all legal actions are subject to time limits (deadlines) called statutes of limitation which require potential parties to file their claims by specific dates. If those deadlines are missed, all related claims will be barred forever. Deadlines can be as short as just a few days. Therefore, if you want to preserve any legal rights you might have, please contact an attorney as soon as possible. For referrals, you may contact the Lawyer Referral Service of the San Diego County Bar Association at (619) 231-8585, or the county bar association for your county of residence. You can find lists of attorneys who represent plaintiffs in employment cases at , , and .Thank you.Marilynn Mika SpencerManaging AttorneyThe Spencer Law Firm Marilynn Mika Spencer is licensed to practice law before all of the state and federal courts in California, and can appear before administrative agencies throughout the country.
posted by Marilynn Mika Spencer | Sep 2, 2011 11:21 AM [EST]
