Since I was just laid-off, my abilty to obtain employment in the same industry in the state of CA may be questioned. Since I signed a non-compete that originated in PA, what enforcement of this agreement does the company have in CA should I hire with a competing company?
I don't believe so, but I will need to review this document carefully to answer your question. It may take me several minutes or longer to find it and review.
Would it be possible for me to re-contact you tomorrow (or other time) once I review the non-compete?
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...
Can you please tell me if this question has been reviewed and when I can expect an answer?
Can you please respond to the above questions.
Good luck and take care. Tina ___________________________________________________________________________________ Please press the ACCEPT button so I may be credited and paid for my time by Justanswer.com. Positive feedback and a BONUS are always appreciated.
NOTE: The law sometimes does not provide the answer we hoped it would. Please consider that I devote time to providing answers whether it benefits you or not and hope you don’t choose to shoot the messenger.
I received a letter from my former employer after a month of separation stating that they would take legal action since they had "serious concerns" about sharing confidential information, knowingly or unknowingly with a new employer. The letter stated that the purpose of the letter was to remind me of my confidentiality obligations and advise that should any breach should occur then legal action will result.
Since I signed the CA agreement and did not/will not share any information about my previous employer and have already accepted another job in the state of CA in an entirely different industry, I feel that this letter is unecessary and is harassing in nature. It also brings upon stress in my current job and family.
What recourse do I have in this type of communication? What if I decide that I want to work in a related industry in CA in the future?
I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.
Thanks for this input. I need clarification, however, between intellectual property, non-compete, and confidential information. The letter groups all of these together in reference to a signed document that was made at separation. The body of the letter, though, singles out confidentiality.
What if I decide to work for another employer in the same field while holding all information confidential to my previous employer? Can the previous employer restrict my ability to work in CA given this information??
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).