Legal Question in Employment Law in California

I am a California resident but work for a company that is based in North Carolina. I signed a non-compete as part of the hiring package. I was laid off this past week and want to know if this agreement that is worded as to apply to North Carolina laws, is really valid for me as a California employee, as I know that non-competes are virtually unenforcable in California. One interesting thing I just noticed on the contract was that it said I was a North Carolina resident and employee, when quite clearly I was not as I was living in California at the time of signing the contract, interviewed in California, and covered the Western Region out of my California home. We have one basic competitor and they have no West Coast reprentation so I am considering talking to them about repping their product. Can I even consider this. Non-compete was for 12 months. One other factor to consider called out the territory covered in Non-compete as A: United States, B: State of California, C: all Counties in State of California. Thanks.


Asked on 11/04/12, 10:33 pm

1 Answer from Attorneys

Non-compete's are tricky. They are disfavored, but not completely unenforceable. It's all in the details. Also, jumping to a competitor as a sales rep, with or without a non-compete is tricky. Even with no non-compete, or an unenforceable one, you still may find yourself sued along with your new employer under trade secrets laws involving customer information and contacts. You should get more direct and specific advice than you will ever be able tot get over the internet.

Read more
Answered on 11/04/12, 11:08 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California