California Restrictive Covenant Attorney
What your agreement prohibits & what California law actually allows are often two different things.
We advise executives and senior professionals on non-competes, non-solicitation clauses, and confidentiality agreements, and on what California law actually allows a former employer to enforce. Every conversation is confidential from the start.
CALL (619) 349-4747 For a Confidential Consultation
What California Law Actually Says About These Agreements
Companies terminate executives for pretextual reasons to avoid paying severance, forfeit unvested equity, or sidestep accountability for discrimination or retaliation. The stated reason on paper, whether it is a reorganization, a performance concern, or a policy violation, is not always the actual reason. How the termination is characterized determines what you are owed and what claims are available to you. We review the full circumstances and challenge the characterization when the facts support it.
Many of these disputes end the same way a severance negotiation does: with a negotiated separation and release. The difference is that a dispute usually starts from a company's denial that anything improper happened. We build the record that changes that starting position.
The Provisions We Look at Closely
- Non-Compete Clauses
Almost universally void in California under Section 16600, regardless of geographic scope, duration, or how narrowly the restricted activity is defined. We confirm this applies to your specific agreement and respond accordingly when a former employer attempts to enforce one anyway.
- Non-Solicitation of Customers
Provisions restricting solicitation of a former employer's customers occupy more contested ground than non-competes. Some courts have found these enforceable when narrowly drawn, particularly where trade secrets are involved. We evaluate the specific facts rather than assuming the clause is automatically void.
- Non-Solicitation of Employees
Restrictions on recruiting former colleagues are generally treated more favorably by courts than customer non-solicits, but they are not automatically enforceable either. The scope and duration of the restriction affect whether it holds up.
- Confidentiality Agreements
Confidentiality obligations are enforceable in California when they protect legitimate trade secrets or proprietary information, but not when they are drafted so broadly that they function as a disguised non-compete, restricting your ability to use general skills and knowledge in a new role.
- Garden Leave Provisions
Some agreements require notice before departure combined with continued pay during that period. These provisions raise different questions than non-competes and depend heavily on the specific terms of your agreement.
- Choice-of-Law and Choice-of-Venue Clauses
Some agreements specify that another state's law governs, or that disputes must be resolved outside California, in an apparent attempt to sidestep Section 16600. California courts have limited the effectiveness of these clauses in several circumstances. We evaluate whether the clause in your agreement is likely to hold up.
Your Employer's Home State Does Not Override California Law
Executives who relocate to California, or who work remotely for an out-of-state employer, sometimes assume their existing non-compete continues to apply simply because it was signed under another state's law. California has taken an increasingly firm position that its employees are protected by Section 16600 regardless of what governing law clause the employer included, and regardless of where the agreement was originally signed. We evaluate agreements signed out of state, including recent efforts by out-of-state employers to enforce them against California-based employees, and advise on whether the restriction is actually binding here.
Restrictive Covenants Versus Trade Secret Claims
A restrictive covenant dispute is about whether a provision in your agreement is enforceable. A trade secret dispute is about whether specific information was improperly taken or used. The two often arise together, since a former employer may invoke both a non-solicitation clause and a trade secret claim against the same departing executive, but they require different analysis. If you have been accused of taking or using confidential company information, that situation is addressed on our Trade Secret & Proprietary Information page, and we handle both together when a single dispute involves each.
Why Executives Choose This Firm
15+ Years Advising on Executive Compensation
We have reviewed equity structures across public companies, late-stage startups, and early-stage ventures, and understand how each treats vesting and acceleration differently.
Transparent Flat Fee Structure
You will know exactly what representation costs before any work begins. No hourly billing, no surprise invoices.
Confidential by Default
Many of our clients are still employed when they raise an equity question. Every inquiry is protected by attorney-client privilege from the first conversation.
Direct Access to Your Attorney
You work directly with Michael Cunningham, from the first call to final resolution.
Selective Practice
We do not take every matter that comes to us. We take the ones where experienced counsel makes a measurable difference in the outcome.
Personal Attention Backed by a Capable Team
Michael Cunningham is personally involved in every matter, supported by an experienced team but never replaced by one.
What Executives Ask Us Most
Q: Are non-compete agreements enforceable in California?
A: Almost never. California Business and Professions Code Section 16600 voids nearly all non-compete agreements, regardless of how the restriction is worded.
Q: My agreement says another state's law applies. Does that mean my non-compete is enforceable?
A: Not necessarily. California courts have limited the effectiveness of choice-of-law clauses that attempt to sidestep Section 16600, particularly for California-based employees.
Q: Can my former employer stop me from contacting former colleagues at a new job?
A: It depends on the specific language of the non-solicitation clause and the circumstances. These provisions are not automatically void, but they are also not automatically enforceable.
Q: Is my confidentiality agreement enforceable?
A: Generally yes, when it protects legitimate trade secrets or proprietary information. Confidentiality agreements drafted so broadly that they function as a disguised non-compete are more likely to be challenged.
Q: I relocated to California but signed my agreement in another state. Does it still apply?
A: California has taken an increasingly firm position that its employees are protected by Section 16600 regardless of where the agreement was signed or what state's law it claims to apply. This is worth reviewing before you assume the restriction follows you here.
Q: My new employer is asking whether I have any restrictive covenants. What should I tell them?
A: We can review your agreement and give you a clear, documented position on enforceability that you can share confidently with a new employer.
Understand your restrictions before they become someone else's leverage.
Every inquiry is protected by attorney-client privilege from the first conversation. Call (619) 349-4747 or Schedule a Confidential Consultation
Request a Consultation
Your inquiry is protected by attorney-client privilege.
"*" indicates required fields
Your information is confidential and protected by attorney-client privilege.
Submitting this form does not create an attorney-client relationship.
Or call directly: (619) 349-4747. Confidential. No obligation.
★★★★★
"Professional, Prompt, Fair and Transparent"
"Mike and his staff are amazing! Professional, prompt, fair and transparent – they embody what someone could hope for in a legal team. Legal matters are intimidating, but Mike breaks it down so it’s understandable. Hope I don’t need their services again, but I won’t hesitate to call them first if I do."
★★★★★
"I strongly recommend Cunningham Law"
"The group at Cunningham Law did an outstanding job for me! The communication was excellent, and the milestones were accomplished in a timely manner. I participated throughout the process, was kept informed regarding the progress, and a good result was obtained."
★★★★★
"His advice was strong and his guidance was exactly on target"
"Mr. Cunningham was professional and help my with my circumstances. His advice was strong and his guidance was exactly on target. If you have an issues it is worth talking to Mr. Cunningham and let him give you his professional opinion. I was/am satisfied with the outcome and his services. I would recommend him to anyone."
★★★★★
"Positive, Responsiveness, Quality, Professionalism"
"Great Attorney! Kept me in the loop throughout my entire case and equally important got me a settlement that was fair without stepping foot in a courtroom. I would highly recommend Cunningham Law to anyone!"
We've Negotiated Millions for California Executives
Severance · Equity & Compensation · Employment Agreements · Non-Competes · Executive Disputes
representative results
$239K
Increase Over Initial Offer
TECHNOLOGY COMPANY
167% ↑
Increase Over Initial Offer
Enterprise software
$187K
Severance Package
Financial Institution
30k+
Additional Shares Negotiated
Pharmaceutical company
Related Areas of Practice
Executive situations often involve more than one area. Explore the related matters below, or schedule a consultation and we will assess your full situation at once.