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I'm currently employed in Massachusetts but have been approached by a competitor in California. I'm not really interested in moving but was curious as to see if a do not compete was even enforceable. My employment contract doesn't allow me to work for a competitor for 2 years but makes no mention of geography. This is really the only industry I've been in so I'm not sure what else I would do. It is a small industry though and everyone knows everyone. Again, I'm not looking to move but I'm curious as to the legal ramifications.

2006-10-23 08:36:24 · 4 answers · asked by Alan M 1 in Business & Finance Careers & Employment

4 answers

Yes, the no compete is enforceable across all state lines.

2006-10-23 08:49:06 · answer #1 · answered by Anonymous · 0 0

The answer is "it depends". In some states, if you do not sign and date the non-compete on the first day of your employment it becomes null and void.
Non-competes are NOT enforcable IF they are so stringent that the employee (especially one that is not privy to trade secret information) is completely unable to reasonably obtain another job.
Sound like a lot of subjective information is involved doesn't it? That 's the clincher. A multi-million dollar company is not going to waste time or attorney's fees on anything that is not going to literally be a detriment to their business. It just isn't reasonable. As the potential plaintiff they would have the burden of proof and a jury is going to side with the little guy "just trying to put food on his family's table" every single time. Unless of course you are a top dog at Enron or something like that.
Non-competes are created to scare people and take care of the product development and senior management folks who know the secret Coca-Cola formula, etc. If you are a little dog, don't worry. If you are a medium or big dog then consult with a labor law attorney.

2006-10-23 14:11:40 · answer #2 · answered by HRGal 3 · 0 0

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2016-10-02 21:10:05 · answer #3 · answered by ? 4 · 0 0

In my experience, the non-compete agreements are designed to protect the current employer from a former employee who has, and may want to divulge proprietary information about the employer's business, customers, practices, processes, etc. , or an unscrupulous company from luring away an employee who has access to such information. Unless you are privy to these kinds of things, I would not be too concerned.

Having said that, ask the Human Resource Department, or someone you trust as to the do not compete geographical restrictions, to be on the safe side. (Don't forget to make a note for future reference.)

2006-10-23 09:17:45 · answer #4 · answered by PALADIN 4 · 0 0

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