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This code section provides that these agreements are void and unenforceable unless they fall within certain limited exceptions. The first exception is agreements between an employer and an employee designed to protect the employer's trade secrets.

California Courts California has a strong public policy against agreements that prohibit employees from working for a competing company, soliciting employees, or starting up a competing business themselves. All blanket non-competes are automatically void under state law.

(Employee's name) will not solicit, divert, contact, or call upon customers of (company name) with the intent of doing business. (Employee's name) will not solicit a customer for a competing company and will not encourage a customer to discontinue business with (company's name).

Non-solicitation agreements are often used in employment contracts to protect an employer's business interests. However, California courts have held that these agreements are void and unenforceable because they restrain trade in violation of public policy.

Neither shall you call on, solicit, take away, or attempt to call on, solicit, or take away any customer of the Company on whom You have called or with whom You became acquainted during the term of your employment, as the direct or indirect result of your employment with the Company.

However, if the former employee signed a non-solicitation clause, reaching out to those customers could result in a lawsuit. An employment agreement might include this clause as a way to protect the potential harm that could happen if a former employer tried to steal customers.

Escaping Nonsolicitation Agreements Don't sign. ... Build your book independently. ... Carve out pre-existing relationships. ... Require ?for cause? termination as the trigger. ... Provide for a payoff. ... Turn clients into friends. ... Don't treat clients as trade secrets. ... Invest in your own business.