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Enforcability of Non-Compete When Moving from MA to CA

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C

cparkerson

Guest
I am taking a job with a company in CA and have been threatened by my current company in MA with the non-compete contract I signed. Now, I'm aware that CA does not enforce them, but since I signed the contract in MA, what changes? I'm not really worried about it's enforcability as it is a very broad, boilerplate contract and the MA company has not made any public announcement or registration that it is in the market of the company I'm going to, but, any info on the potential enforcability of the contract would be helpful.
 


K

kenyoon

Guest
You should seek the advice of competant employment counsel as soon as possible. The general procedure at this time, is that when an out of state employee comes to California in violation of a valid non compete entered into out of state, the first party to a courtroom determines the law to apply.

In California, non compete agreements in the employment context are unenforceable. In Massachusetts, they probably are enforceable. So depending on which court gets the case first, California or Massachusetts, the noncompete will be subject to differing laws. Obviously as the employee, you want to be in a California court.

That being said, depending on your value at the past and present company, it may not be worth the money for your former employer to enforce the covenant.

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