Legal Question in Employment Law in California
Non-compete agreement, employed in CA, company inc. in BVI
The company I currently work for is incorporated in the British Virgin Islands, but has corporate offices in the California. As a condition of employment, I was required to sign a non-compete which under CA law is (I believe) not enforcable. I am being laid off due to a reduction in force, can they enforce the non-compete because they are technically not a CA company? Or does it apply because I was employed in CA regardless of the company's tax status?
2 Answers from Attorneys
Re: Non-compete agreement, employed in CA, company inc. in BVI
Generally, a true non-compete agreement is not enforceable in California. However, a close examination of the agreement should be conducted to determine your EXACT duties and responsibilities. Some provisions of the agreement may be enforceable.
Re: Non-compete agreement, employed in CA, company inc. in BVI
If you worked in CA then CA law applies.
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