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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I live in Florida, but have been flying to California working

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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?

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 4 years ago.

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

Hello Scott,

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

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.

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Thanks and best of luck!


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