Legal Question in Employment Law in California
Non-compete with similar magazine
I am an outside sales rep for a monthly magazine and website for meeting planners. My job is in CA but my company is based in IA. The non-compete came from the IA office. I would like to work for an annual directory that focuses on the event industry, but might call on some of the same accounts I call on now. It states in my contract I cannot work for a magazine or website that ''focuses in any way on the meetings market (meeting & event planners who work on or with the travel market).'' Will they sue me if I do? Can the fact that the magazine I am with now is a monthly and this is an annual directory help my cause?
1 Answer from Attorneys
Re: Non-compete with similar magazine
This is a very tricky area of law because, while non-compete agreements are generally not enforceable in California, they are enforceable in most other states. I do not know if they are enforceable in IA.
If you were to go to work for a company that took business away from your current employer, they will most likely go to court in IA to seek an injunction to enforce the non-compete. Assuming your contract has a choice of law provision in favor of IA, they can do this. And assuming, further, that many of your accounts are not located in CA, you probably have no protection against an injunction.
Before you make any decisions, you really should meet with an experienced attorney in this area of law to review your contract and discuss your options.
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