Beating A Non-Compete Disguised As A Non-Solicit

Even in areas where California is decidedly pro-employer, such as limiting the enforcement of non-competition and non-solicitation agreements, the result can be litigation so expensive and time-consuming that it creates the restrictions that law and the courts have tried to prevent. In particular, litigation may be brought by companies that exploit a California Supreme Court precedent that left some ambiguity regarding situations where an employee is alleged to have tried to recruit or induce an employee at his or her previous company. Attorney Todd R. Wulffson, from the Carothers DiSante & Freudenberger law firm, looks at a recent case, “a highly expensive case that by all accounts should never have been brought,” and finds some important takeaways for fielding or preventing this type of litigation.