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Can an employer include a non-compete clause in the contract of an employee working in a state where such clauses are unenforceable?
Many multi-state employers use a uniform employment contract that includes a non-compete, but then only enforce them in states where they are legal. Some courts, including in California, have found such a practice violates public policy and is potentially an illegal business practice. Multi-state employers should draft contracts that expressly provide that the non-compete clauses only apply to employment in states where such clauses are valid and enforceable.
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