Can an employee be fired because his or her spouse works for a competitor?

Can an employee be fired because his or her spouse works for a competitor?

Is it enforceable? Under California Business and Professions Code Section 16600, unless you were an owner of the business, any “non-compete clause” which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.

Is it illegal to work for a competitor?

Answer. In California, noncompete agreements are illegal as a matter of public policy. This means that an employer cannot keep an employee from going to work for a competitor or starting a competing business once the employment relationship ends.

Can you be fired for something your spouse does?

The simple answer is, “yes.” If your spouse goes public with his or her criticism or disapproval of your employer, it is possible you could be held accountable. It’s not fair, but in many instances it’s within your employer’s rights to take action against you.

Do non competes apply to spouses?

Generally, only signatories to a non-compete can be bound by the restrictions. That is why if other parties are involved in a transaction (i.e. in the sale of a family business), non-competes are executed with those related parties, including spouses.

Can a spouse contact an employer?

A spouse should never contact an employer or a prospective employer. Not unless it’s to say the spouse is in the hospital and unable to come to work or make it to the interview. There are no exceptions to this.

Should you work for your current employer’s competition?

At some point in your career, you might decide that moving up in your industry requires going to work for your current employer’s competition. Maybe your company can’t offer you the same opportunities for growth or upward mobility, or maybe the pay scale with the competitor is significantly higher than what you’re currently making.

How to resign from a job to join a competitor?

Write a formal resignation letter and arrange a private meeting with your boss to discuss your plans. You don’t have to say where you’re going, but your secret isn’t likely to stay hidden for long. If word gets out that you are resigning to join a competitor, be prepared for disappointment, anger or resentment from your employer.

Should I tell my employer that my wife has a Coke account?

Otherwise I would lean towards not mentioning it at all unless it is a direct issue (like your new boss suggests you work on the Pepsi account when your wife has the Coca Cola account). Sure, if they have a policy in place, you need to deal with it. But there is ABSOLUTELY no reason to tell the employer otherwise.

What happens when an employee quits for a competitor?

Every company has different policies when employees quit, and some can be particularly sensitive when employees leave for competitors. You may, in fact, be asked to leave right after your meeting. If you’re allowed to stay through your notice period, use that time to wrap up projects and train the team to fill your role.