February 2007 | |
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WIN AT WORK MONTHLY | |
A Community Service ofSESSIONS & KIMBALL LLP, Employee Rights Attorneys | |
Win at Work |
Employee Rights Update |
UNREASONABLE NON-COMPETITION AGREEMENTS
Competition may seem as American as motherhood and apple pie, but it’s not always encouraged. Employers commonly impose non-competition agreements as conditions of hiring, employment, and severance benefits. Yet courts value your right to work more than your employer’s desire to prevent competition. These agreements are unenforceable if they’re “unreasonable.” They’re unreasonable if they last too long, or are too broad geographically or in terms of the nature of business they affect. Some states, like Disclosure of trade secrets may be illegal, but that’s a much narrower prohibition. However, evaluate any non-competition agreement as if it could be valid. Know its duration, geography, type of business it affects, and what you’re giving up. Negotiate to make it void if you’re terminated, or ask for appropriate compensation. Don’t compromise your right to work and fairly compete. It’s just too valuable. |
SMOKING IN THE WORKPLACE
The California Legislature has recently clarified the law protecting employees from unwanted second hand smoke in the workplace. In 1995, Labor Code section 6404.5 was enacted placing a uniform statewide ban on smoking in the workplace. Section 6404.5(b) states, “No employer shall knowingly or intentionally permit, and no person shall engage in, the smoking of tobacco products in an enclosed space at a place of employment.” However, until recently, there was some debate as to what exactly the Legislature meant by the term “enclosed space.” In 2006, the Legislature clarified the term "enclosed space" to include: 1) lobbies; 2) lounges; 3) waiting areas; 4) elevators; 5) stairwells; and 6) restrooms that are a structural part of the building. Employers who violate this statewide workplace ban are subject to fines up to $100 for the first violation, $200 for the second violation, and $500 for the third and subsequent violations in one year. Paul B. Miner, Attorney |
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Look for our answers to employees’ questions in the “Life and Work Q & A” column of the | |