California courts have already found that non-request for confidentiality and non-client agreements are not valid or enforceable. However, in some situations, workers` non-call agreements have been respected. In order to maintain an employee non-claim agreement, the courts will consider: VL Systems, a computer software consulting firm, entered into a contract with Star Trac in 2004 in which Star Trac agreed to pay the liquidated damages if it hired a VLS employee during the contract or within 12 months of the project`s completion. Later that year, Star Trac hired David Rohnow, a senior engineer at VL Systems, as director of information technology. California employers are cautioned to carefully review all agreements that limit the competitiveness of former employees and encourage customers and employees to ensure that restrictions do not violate California`s strong public policy by allowing employees to practice their profession or profession. A non-invitation agreement for workers, also known as a non-interference or non-competition agreement, is found in all types of employment contracts, including letters of offer of employment and severance contracts. Such commitments may be their own separate contract or be provided as a single clause in a larger employment contract. When an employee signs a non-claim agreement for employees, he promises not to solicit, seduce or otherwise encourage employees to leave their current employer to work either for or with the employee who signed the agreement. In Los Angeles, the main purpose of employee non-demand agreements is to prevent raids by former employees who have found new employment with their former employer`s competitors or who have decided to start their own business that performs work similar to that of a former employer.
So far, California courts have not formally overturned staff non-invitation agreements and have been declared illegal under California law. While the California Supreme Court may ultimately weigh in, it is essential for employers to work closely with consultants to address the risks arising from these decisions.