|May 3, 2010 | www.fisherphillips.com|
A recent settlement of a complaint alleging sexual harassment, disability, and retaliation brought against an automobile supplier illustrates the potential liability for employers who even arguably violate the law.
In many states, restraints on the practice of a profession, business or trade (such as non-competition agreements) are considered valid, as long as they contain reasonable geographic and time restrictions. But that has not been true in California since 1872. In that year California settled public policy in favor of open competition, and rejected non-competition agreements. In the years since then, the law has evolved substantially, and two recent appeals court cases further refined the situation there. The Retirement Group v. Galante, and Dowell v. Biosense Webster.