I've located my non-compete agreement and it was signed on 2-1-10. The agreement was drafted based upon the laws of PA and the the company is defined as a Delaware Corporation with each of its parents and subsidiaries now or hereafter formed (collectively, as to all such entities, the "Company").
The non-compete and confidentiality agreement was signed as part of the agreement to become an employee of the company. My termination date was 7/21/11.
Under Section 3: Non-competition and Non-solicitation: "THIS SECTION 3 SHALL HAVE NO FORCE OR EFFECT, AND SHALL NOT BE DEEMED A PART OF THE AGREEMENT DURING ANY AND ALL PERIODS IN WHICH I PERFORM SERVICES AS AN EMPLOYEE OF THE COMPANY PRINCIPALLY IN THE STATE OF CALIFORNIA, BUT SHALL BECOME IMMEDIATELY EFFECTIVE IF AND TO THE EXTENT I PERFORM SERVICES AS AN EMPLOYEE OF THE COMPANY PRINCIPALLY IN A JURISDICTION OTHER THAN THE STATE OF CALIFORNIA. I acknowledge that in the course of my employment with the Company and its Affiliates and their predecessors, I have and will continue to become familiar with trade secrets of, and other Confidential Information concerning the company and its Affiliates and that my services will be of special, unique, and extraordinary value to the Company and its Afiliates and the Company's ability to accomplish its purposes and to successsfully pursue its business plan. Therefore, I agree to the extent permitted by applicable law that, during my period of employment and for a period of 24 months following the termination of my employment with the company for any reason (the "Restricted Period"), I shall not directly or indirectly own, manage, control, participate in, consult with, render services for, or in any manner engage in any business competing with any business or documented business plans of the Company or any Affiliates to which I have or have had substantial exposure as of or at any time prior to termination of my employment with the Company or one of its Affiliates, in any country with the company or any such Affiliates conducts business; provided, however, that passive investments amounting to no more than 3% of the voting equity of a business shall not be prohibited hereby.
My job as Corporate Technical Director was based out of CA and was subject to CA taxes for payroll. 90% of my time was dedicated to work performed at the CA plant where I was based.
Can you please tell me if I can work in an industry that might compete (directly or indirectly) with my former company in the state of CA? What about other states if I choose to relocate?
Thank you in advance for your prompt reply...