Non-Compete in California?

[Rez]

I just received my Life and accident license in California. A Nationwide Agency gave me a contract to look over and it had a no compete clause(1 yr - 25 miles). Some research suggests that it won't hold up in court. Should I ask her to take it out? Not sign it? Any suggestions on good agencies in the area?

 

[Scottyj]

Non competes are essentially illegal an un enforceable in California case law. Now a non solicit will hold but a non compete won't work. Tell them to pull it out.

 

[WCMason]

Non competes are essentially illegal an un enforceable in California case law. Now a non solicit will hold but a non compete won't work. Tell them to pull it out.

If it is unenforceable and I don't want to appear contrary for a job I otherwise want I wouldn't tell them anything. There is a downside to asking them to pull it out. Is there an upside?

 

[ihsingchou]

If it is unenforceable and I don't want to appear contrary for a job I otherwise want I wouldn't tell them anything. There is a downside to asking them to pull it out. Is there an upside?

Why would you want to have that pulled out and have them change it to a non solicit that will hold in court? It is the organization's responsibility to research that and if they made a mistake on it, then you are off the hook.

 

[WCMason]

Why would you want to have that pulled out and have them change it to a non solicit that will hold in court? It is the organization's responsibility to research that and if they made a mistake on it, then you are off the hook.

If they could get away with illegally altering a contract by changing non-compete to non-solicit what would prevent them from altering it to add non-solicit if non-compete were pulled out? When they pull out the doctored document you pull out a copy of the contract you signed--you have that, right--and show it to the court. Case dismissed.

 

[Rez]

Thanks for your posts guys. I asked the agent to pull it from her contract and she never called me again. I was pretty sure I was not going to sign on anyway.