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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5276
Experience:  Extensive experience representing employees and management
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I live in Florida, but have been flying to California working

Resolved Question:

I live in Florida, but have been flying to California working on an account for my company for the past 14 months. My company has begun to deduct California state income tax from my paycheck. The current portion of my Salary subject to CA tax is 31%. I am now leaving the company and want to know do I have any protection under the CA state employment laws as it relates to the enforcibility of my non-compete?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can provide you with a thorough and complete answer.

Can you tell me if you will be working outside the country?
Customer: replied 1 year ago.

In my role with the new company I could be working outside the country.

Expert:  Joseph replied 1 year ago.
Hello Scott,

Thanks for the additional information. I'll get back to you shortly.

Expert:  Joseph replied 1 year ago.
Hello Scott,

Unfortunately, there is no specific case that addresses whether or not California Business and Professions Code Section 16600 would act to prohibit non-competes that have been entered into by virtue of someone working a portion of their time (but not a majority of their time) in California.

The California Supreme Court has held that California Labor Code provisions regarding overtime and wage and hour do apply to out-of-state residents for work performed in California. However, there’s been no case to challenge the prohibition on non-competes.

There’s definitely a good argument to be made that California law should apply, but it’s definitely not a sure thing, since you were on a temporary assignment, and Florida courts would almost certainly choose to enforce the non-compete. You would likely only be successful if you removed the case to California, which would be difficult, since you still worked the majority of your time in Florida and are presumably a Florida resident.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
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Joseph
Joseph
Attorney at Law
3767 Satisfied Customers
Extensive experience representing employees and management