Padma.gladiator Posted November 16, 2017 Report Posted November 16, 2017 Hi, I have non compete clause with my current employer. My employer is located in Pennsylvania and I work from California remotely. My domain is Clinical trials. I was looking for better job options and I was offered one (Boston based company) but it was rescinded because the new company got to know that I had non compete with my current employer. I do not see my growth in my company anymore and would like to look for better options in the same domain. I'm attaching the clause to this query. 1. Is non compete clause valid in California? I have been told that it is void in CA but I'm not sure. Because it will be beneficial for me if I look for a job in the same domain that I'm working in right now. 2. One of our employees resigned and joined our rival company and he was sued for it. What if the company lays me off or fires me? Will I then be able to join a company from the same domain? 3. Does the non compete clause have any geographical boundary limit to it? I would appreciate if anyone could help me with this. Attached is the non complete clause I'm tied to. Thanks, Padma
pontevecchio Posted November 17, 2017 Report Posted November 17, 2017 Involve a Labor Lawyer in CA and have her explain the ramifications.
JoeF Posted November 17, 2017 Report Posted November 17, 2017 Non-compete clauses are generally not valid in CA, per the CA Supreme Court: https://en.wikipedia.org/wiki/Non-compete_clause#California But if you move out of CA for the new job, that's probably not covered under the CA rules. Anyway, as pontevecchio said, get a labor lawyer involved.
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