Legal Question in Business Law in California

Employment Law - Non Compete - CA

I have a non-compete with a CA company. I am a CA resident. The choice of law state in the agreement is Colorado.

Can I petition the state of CA, under code 16600, to void the non-compete before taking another position at another company?


Asked on 10/06/08, 3:47 am

1 Answer from Attorneys

JOHN GUERRINI THE GUERRINI LAW FIRM - COLLECTION LAWYERS

Re: Employment Law - Non Compete - CA

Most non compete provisions are not enforceable. Unless you are/were a former owner, shareholder and/or a key employee, then the non compete is likely unenforceable and void as a matter of law. Even if you were in the class of persons against whom a non compete could be enforceable, the non compete provision itself may not be enforceable, for example, due to overbreadth or vagueness.

There is no way to sufficient answer your question without reviewing the specific non compete language and knowing more about how it came about that you were required to execute and deliver a non compete.

You should see out an attorney to review the non compete. If it turns out that the non compete is void, you don't likely need to waste time petitioning a court (California, most likely) for review of it. You would simply adopt the position that it is void.

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Answered on 10/06/08, 11:54 am


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