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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12791
Experience:  Significant experience in all areas of employment law.
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I am under a non competition agreement for another 8 months

Customer Question

I am under a non competition agreement for another 8 months but it also list a section about not working for competition within 25 miles of where I worked. Does this mean I can't work for competition or I can as long as it is at least 25 miles away
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: I work and live in California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I worked for lowes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No just trying to find out my boundaries
Submitted: 4 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 4 months ago.

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

First, you should now that CA law prohibits non-compete agreements. The courts here will not enforce them, except in certain very rare and inapplicable circumstances. The only way one could be enforced against you in CA is if your employment contract contained a choice of law provision indicating that the law of another state--one which DOES allow non compete agreements--applies. Even then, the choice of law provision may not be enforced if that other state has no relatioship to your employment.

Now, even assuming this sort of provision was enforceable, it will be limited by courts of ANY jurisdiction to what is "reasonable" in terms of duration and geographic scope. A blanket non-compete that prohibits you from competing ANYWHERE will pretty much always be unenforceable, again even in these states that do enforce non-competes. The language you have posted above appears to be indicating that you are prohibited from working for a competitor only if that competitor is within 25 miles of where you worked. This means you typically CAN work for a competitor if they are further away than that. And again, this assumes the non-compete is even enforceable, which it likely is not if you are in CA.

I hope that you find this information helpful. 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.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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