4326 REVIEW GRANTED A noncompete clause contained in an employment agreement that was not part of the sale of the goodwill of a business, or made by a partner in contemplation of dissolution, or necessary to protect the employer's trade secrets, is unlawful even if narrowly drawn to leave a substantial portion of the market available to the employee; a former employer's requiring anything in return for releasing a former employee from such an agreement is an independently wrongful act that can lead to liability for interference with prospective business advantage based on the former employee's loss of an employment opportunity with another employer.CitationEDWARDS v ANDERSEN (Wrongful Release) 142 CA4 603 [See: B&PC 16600, 16601, 16602; LabC 2802, 2804; Della Penna v Toyota 11 C4 376, T/AT 12/95, Reeves v Hanlon 33 C4 1140, T/AT 9/04; General Commercial v TPS 126 F3 1131]
|
|