How to determine if my emplyoer is a California employer. It has an office in California. Does it make it a California employer.
A: Yes, because it is employing you from California, and you are a California resident. A person is an employee in the state where they perform personal services for their employer, and that person is subject to the law of the jurisdiction -- which is California.
The state with jurisdiction, however, cannot interfere with a preexisting contract, under the U.S. Constitution Obligations of Contract clause. However, the state does not have to interpret the contract in conflict with its own laws where the contract is being applied to a California resident and employee, because to do so would permit other jurisdictions to impose their laws on California and its residents, in circumstances where neither employer nor employee have any connection to another jurisdiction. Therefore, if you are a resident of California, working for an employer located in California, then the noncompete is void. Period.
My current project is also in California. The new company that I am joining has its main office in Massachussets but the project location is New Jersey. I may not move to New Jersey for 180 days but may travel to New Jersey from Monday to Thursday.
A: If you work for a MA employer in NJ, then the noncompete can be enforced against you. Only NJ law matters, because that is where services are being performed.
What is the 180 day rule.
A: There is no rule. The noncompete terms that you provided states thst your obligation to forebear from competing extends for 180 days after your termination from employment. So, after 180 days, you can work for whomever and wherever you want without further liability.
Also, the offer letter specifically states the governing law for the non compete clause. It states that the restrictive covenants shall be governed by and construed in accordance with the law of the jurisdiction that best gives them effect.
A: NJ law recognizes noncompetes. If you work in NJ full time, for an MA employer, then you are at risk, because you cannot rely on California law to protect you.
Would it mean that the company can use any jurisdiction that serves them best. The company has several US offices.
A: It means that the employer will try to use the jurisdiction that serve it best -- but, in California, the contract terms are void. Period.
BotXXXXX XXXXXne. If you work in California, you can tell the employer to stick it. If you work somewhere else, except on a temporary basis for a California employer, then you are at risk.
After 180 days, you're free.
Best of luck.