Non-Compete & Non-Solicitation Attorney

Generally, noncompete agreements are not enforceable in San Diego or anywhere in California. Under California Business and Professions Code §16600, any contract that restrains someone from engaging in a lawful profession, trade, or business is void. This broad protection applies to employees and independent contractors alike. Employers in San Diego cannot use noncompetes to prevent workers from joining competitors or starting their own businesses. Limited exceptions exist for the sale or dissolution of a business,

A noncompete agreement prohibits an employee from working for a competitor or starting a similar business after leaving a job. A nonsolicitation agreement, on the other hand, restricts a person from soliciting the former employer’s clients, customers, or employees. In San Diego, both types are closely scrutinized under California’s strong employee mobility laws. Noncompete agreements are generally void, while nonsolicitation clauses may be partially enforceable — especially those aimed at protecting trade secrets or preventing unfair competition.

No. California law, including in San Diego, prohibits employers from restricting employees from working for competitors. Business and Professions Code §16600 clearly states that any contract restraining lawful employment or business is void. This means employees are free to change jobs, even to a direct competitor, without fear of legal action for breach of a noncompete. An employer may still protect confidential information and trade secrets through separate confidentiality agreements, but it cannot stop someone from accepting a new position elsewhere.

Nonsolicitation agreements in San Diego exist in a legal gray area. While older California cases allowed limited enforcement to protect trade secrets, recent court decisions — such as AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. — suggest even these restrictions may violate §16600. As a result, many nonsolicitation clauses may be considered invalid unless they strictly protect proprietary or confidential information. Employers can still enforce nondisclosure agreements to safeguard trade secrets, but cannot broadly bar former employees from contacting customers or coworkers.

Usually not. In San Diego, employers cannot generally prevent former employees from soliciting clients unless the solicitation involves the misuse of trade secrets or confidential information. California law strongly favors open competition, so general bans on client contact are often unenforceable. However, if an employee uses proprietary customer lists or other confidential data obtained during employment, the employer may pursue legal remedies under the Uniform Trade Secrets Act.

If you move to San Diego or work for a California-based employer, California law typically governs your employment relationship. Noncompete agreements signed elsewhere are generally not enforceable in California. Courts here refuse to uphold out-of-state noncompetes, even if valid where originally signed, because they conflict with California’s strong public policy favoring employee mobility. However, if the employer tries to enforce the agreement in another state, complications may arise.

Yes, but they’re very limited. California law allows noncompete clauses only in specific business contexts: (1) when selling a business or ownership interest, (2) when dissolving a partnership, or (3) when terminating a limited liability company. These exceptions let buyers or co-owners protect the value of a business they purchase. Outside these situations, noncompetes are void in San Diego. Even executives, independent contractors, and consultants are covered by California’s ban.

If your employer threatens to enforce a noncompete in San Diego, remain calm and know your rights. California law overwhelmingly sides with employees—noncompetes are almost always void. You should avoid signing new restrictive agreements and gather any documents related to your employment contract. Consulting a San Diego employment attorney is strongly recommended. They can assess whether the employer’s threats have any legal basis and may help you send a response letter or file a complaint if necessary.

Independent contractors in San Diego generally enjoy the same protections as employees under California’s broad ban on restraints of trade. Noncompete and nonsolicitation clauses that restrict contractors from working for others or soliciting clients are typically void. However, contractors must still honor confidentiality and trade secret obligations. If a contractor unlawfully uses proprietary business information, an employer may take legal action.

Yes, consulting a San Diego employment lawyer is highly advisable. Even though most noncompete and many nonsolicitation agreements are unenforceable in California, each situation can vary based on contract language, timing, and industry. A lawyer can determine whether the agreement violates state law, advise on how to respond to employer threats, and help protect you from potential retaliation or litigation. They can also ensure your transition to a new employer complies with confidentiality rules.