Recognizing that noncompete provisions are invalid under California law, employers in California have long used employee nonsolicitation provisions in their employment agreements as an alternative strategy to limit competition for employees. Now, courts are making clear that this work-around is unacceptable, and that employee nonsolicitation clauses are impermissible in California.

Under California Business & Professions Code Section 16600, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” “Section 16600 expresses California’s strong public policy of protecting the right of its citizens to pursue any lawful employment and enterprise of their choice,” see Dowell v. Biosense Webster, 179 Cal. App. 4th 564, 575 (2009). California courts have consistently confirmed that Section 16600 “evinces a settled legislative policy in favor of open competition and employee mobility,” as in Edwards v. Arthur Andersen, 44 Cal. 4th 937, 946 (2008).