It also means that workers and workers bound by these clauses invest less in training and self-development. This, combined with corporate behaviour, means that there is a tangible and measurable impact on the state economy due to the existence of non-compete clauses. However, the Texas courts will not apply an anti-competition contract if the court finds that such a confederation is “contrary to public policy and is therefore unacceptable on the merits.”  Canadian courts will apply competition and non-appeal agreements, but the agreement must be limited, in time, scope and geographic scope, to what is reasonably necessary to protect the company`s property rights, such as confidential business information or customer relations and the scope of the agreement must be clearly defined. Shafron v. KRG Insurance Brokers (Western) Inc. 2009 CSC 6 of the Supreme Court of Canada found that a non-competition agreement was inconclusive because the term “Metropolitan City of Vancouver” was not definitively defined.  In summary, both the legislature and national courts have taken into account the many creative, tactical and technical tricks that companies often deal with from non-competitive laws. The courts refuse to waive the enforcement of competition laws in the state of California and swear to continue to fight enforcement. The companies attempted to disprove the ban by using “Choice of Law” provisions that state that contracts entered into by the State of California and its economic operators should be interpreted in accordance with other state laws, usually a state in which a company operating in California is headquartered and, in general, in a state that recognizes non-compete clauses. California, on the other hand, disagrees with this analysis and still refuses to impose non-competition prohibitions of any kind in extremely minor and situationally justified circumstances.
Before employers panic and conclude that all non-demand agreements for California workers are now null and fore, it is important to remember that such agreements should still be applicable as long as they are adequately adapted and do not restrict the ability of workers to practice their profession. Had the subject not been in the employee recruitment case, the outcome of the case would have been different. This is still an outstanding issue that needs to be resolved in the future. It is therefore preferable to consult legal advisors who have the nuances of California law before preparing employment contracts. Although my home state, California, like other states, does not recognize non-compete bans, I am still surprised at how many companies still believe that forcing employees to sign them will prevent them from working later for the company`s competitors or creating a competing business themselves.