The West Side District Hospital has a contract with Harry Webb to make doctors available to the hospital`s emergency room. As part of the agreement, the hospital agreed not to hire a doctor who had worked for the hospital via Webb. If the hospital violates this provision, it would pay Webb $30,000 per physician, reflecting ”exactly the fair value” of his time and cost. In light of the client`s detailed and sophisticated information and Cotton`s active application in this case, the Tribunal`s granting of abstention measures was not an abuse of discretion. (Temporary Courtesy Service, Inc. v. Camacho, supra, 222 Cal.App.3d, 1290-1291, 272 Cal.Rptr. 352.) In Courtesy, the court also found that the court should have made a decision under the unfair competition provisions, Business and Professions Code Section 17200, and following (Courtesy, above, p. 1291, 272 Cal.Rptr. 352.) The court found that ”even if Courtesy` client list was not considered a ”trade secret” pursuant to Section 3426.1 [of UTSA], the unfair and deceptive practices of employees in the theft of customers from Courtesy to Demarti0 (17200 and following) of the Business and Professions Code should have applied.” (Ibid.) A non-invitation agreement for workers, also known as a non-interference or non-competition agreement, is found in all types of employment contracts, including letters of offer of employment and severance contracts.
Such commitments may be their own separate contract or be provided as a single clause in a larger employment contract. When an employee signs a non-claim agreement for employees, he promises not to solicit, seduce or otherwise encourage employees to leave their current employer to work either for or with the employee who signed the agreement. In Los Angeles, the main purpose of employee non-demand agreements is to prevent raids by former employees who have found new employment with their former employer`s competitors or who have decided to start their own business that performs work similar to that of a former employer. So far, California courts have not formally overturned staff non-invitation agreements and have been declared illegal under California law. As a result of these two cases, California law is changing as to the future viability of the non-claim provisions of staff. During this period of uncertainty, employers should consult with Demcounsel to determine whether they should keep such provisions in their working papers in California. The Court of Appeal could have narrowly understood its assertion that the non-warning clauses improperly impair the ability of these former workers to participate in their work. And although the Court supported this motivation at the end of the expertise, it began its analysis by injecting on the ”sustainable viability” of the often cited California jurisprudence on the aflenurier clause (including the Loral Corp case of 1985).