Restrictive Covenant Disputes Attorney

Restrictive covenants are contractual provisions that limit an employee's activities during or after employment. Common types include non-compete clauses, non-solicitation agreements, non-disclosure agreements, non-disparagement clauses, and garden leave provisions. Each type is subject to different legal standards and enforceability rules in California and New York.

California strongly disfavors restrictive covenants. Non-competes are void under B&P Code § 16600. Non-solicitation agreements are increasingly unenforceable. NDAs cannot restrict disclosure of workplace misconduct (SB 331). Non-disparagement clauses cannot prevent disclosure of harassment or discrimination. California's strong public policy of employee mobility means that restrictive covenants face the highest scrutiny in the nation.

In New York, continued employment is generally sufficient consideration for a restrictive covenant signed after the start of employment, but courts examine the totality of circumstances. In California, consideration is less relevant because most restrictive covenants are void regardless. However, for enforceable agreements (like NDAs), adequate consideration strengthens the agreement's enforceability.

Do not ignore it. Consult an employment attorney immediately to evaluate the covenant's enforceability. In California, many restrictive covenants are void, and the cease-and-desist may itself be actionable under B&P Code § 16600.5 (which prohibits employers from entering or attempting to enforce void non-competes). Respond through your attorney and preserve all relevant documents.