Photo of Charles L. Post

Chuck is a shareholder in the Firm’s Labor and Employment and Litigation groups. Chuck actively practices and litigates on behalf of employers in labor and employment, trade secrets and employee mobility, and wage and hour class actions.

California’s prohibition on non-competition agreements is less than absolute.  For example, non-compete agreements may be enforced against partners or sellers of businesses.  Additionally, in SingerLewak LLP v. Andrew Gantman (2015) 241 Cal.App.4th 610, a California Appellate Court affirmed an arbitration award that would be considered by most to be a misapplication of California’s non-competition law.

A California Court of Appeal decision issued on May 15, 2014 (Tiri v. Lucky Chances, Inc., Case No. A136675) decided that the parties to an arbitration agreement may, by agreement, deprive a civil court of jurisdiction to determine whether an arbitration agreement is enforceable.

Several years after she was hired, Lourdes Tiri signed an