California Employment Law

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I am looking for help regarding my job, which is

I am looking for...

I am looking for help regarding my job, which is headquartered in California, but I am located in MI

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Michigan and Cali

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time I was told I need to choose, despite being hired on given the autonomy to work for two employers

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This is quite complicated... How do I know rates for help?

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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
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Customer reply replied 7 months ago
I was hired on, as a worker, for an employer that is now headquartered in California. When hired on, I was told that I could work for other organizations (as long as that did not interfere with my work). My work has always been great. I was then told that I needed to sign a non-compete, to which I contacted HR about many times, with no avail. After months, I was finally told I had to decide between employers.
While I am in Michigan, the company is headquartered in California and the competitor is in Colorado.
Customer reply replied 7 months ago
California does not allow for non-competes... But, I just learned this. I had to resign, due to being backed into a corner, and being chose that I could not work for the other organizations. But, now, I learn that California law doesn't allow for non-competes AND my colleague was allowed to stay on, as an employee, for a year, despite the fact that we both work for the same two organizations and I was never offered this option, which is document, because they said I had to choose.
Customer reply replied 7 months ago
All of this is documented (including the fact that HR did not follow up with me for eight months, that I wasn't given the options my colleague was, that I was not contacted by HR regarding employment concerns, etc.).
Answered in 12 minutes by:
1/10/2018
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,549
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

While it is true that California does not enforce most non-compete agreements, if you were working in the state of Michigan then MI law would govern your employment and MI law would have permitted the enforcement of any reasonable non-compete.

Also, though I'm not sure this is any consolation, CA law only prohibits agreements which restrain an employee's ability to work for a competitor. There is nothing illegal under CA law about an employer prohibiting an employee from working for a competitor WHILE working for the employer. An employer is perfectly free under CA law to require employees to choose between employers and can condition further employment on not working for anyone else. This is enforceable because the employee is still perfectly free to work for a competitor--there is no restraint on their ability to do so. It's just that they cannot force their employer to continue employing them while also working for a competitor. The employer is free to terminate employment for this reason since employment is "at will" absent an agreement to the contrary.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further...

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Customer reply replied 7 months ago
But, in regard to the second part of this issue, what about the fact that the regulation is being upheld for one employee but not others? "My colleague was allowed to stay on, as an employee, for a year, despite the fact that we both work for the same two organizations and I was never offered this option, which is document, because they said I had to choose."
Customer reply replied 7 months ago
I resigned... Only based upon the fact that I wasn't even offered the option and she was. The HR person said she was unaware of the option given, because she did not handle this employee. BUT, the policy says that no one can work for that competitor, but she was given the option to continue employment with the competitor and the current employer for a year, which was NOT extended to me.

Thank you. Unfortunately there is no law requiring employers to treat all employees the same, so it would not be illegal to force only you to choose between employers. I truly wish I could provide better news. Again if there is anything more I can do for you just let me know. It's my pleasure....

Ask Your Own California Employment Law Question
Customer reply replied 7 months ago
Thank you for your help! :-)

You are very welcome, I just wish I had better news to share. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,549
Experience: Significant experience in all areas of employment law.
Verified
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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).

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