Employers Beware: Using Employee Non-Solicitation Clauses May Violate California Law

A California Court of Appeal on November 1, 2018, affirmed a San Diego trial court’s judgment voiding post-employment non-solicitation of employee contract provisions and enjoining their enforcement. In AMN v. Aya Healthcare __ Cal. App. 4th __, 2018 WL 5669154, the Court also confirmed the award of attorney’s fees to the prevailing former employees and their new employer under California Code of Civil Procedure section 1021.5, which authorizes an award of fees “in the enforcement of an important right affecting the public interest.”

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