RobotAwesome
Junior Member
What is the name of your state (only U.S. law)? Washington
Hi,
I signed up to work with a company who is a contractor for the cable company Comcast. However, they seem to have some shady business practices and I am considering working for another company doing the same job selling Comcast services. However, the contract I have signed has a non-compete claus written into it. Specifically it states:
That for a period of one year the independent representative will not:
"Sell, solicit, or accept business or orders, from existing or potential customers of the Company within the Independent Representative's sales territory as described in a paragraph 2, with respect to product or services similar to or competitive with the company or its subsidiaries or
Interfere with, disrupt or attempt to disrupt relationships, contractual or otherwise, between the company and/or a subsidiary, and its customers, employees, Independent Representative and/or vendors.
The Independent Representative further agrees that for a period of one year after termination of the contractual relationship, the Independent Representative will not, on behalf of anyone engaged in a similar line of business, directly or indirectly, solicit business from any of the Company's customers or potential customers......"......yadayadayada.....
Under Remedies for Breach of Contract it states:
The company may be able to recover "by means of an accounting, any profits the Independent Representative may have obtained in violation of this contract".
Oddly enough it also says under governing law:
"The contract shall be governed by the laws of the State of California. The state courts of the State of California located in Sacramento County, California shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit to and hereby consents to the Sacramento County, California state courts' exercise of jurisdiction. In any successful action by the Company to enforce this contract, the Company shall be entitled to recover its attorney's fees and expenses incurred in such action."
So my questions are: Can they legally have the state of California be the ruling party if the contract is signed and the company is operating out of Washington (it operates out of Cali as well)? My guess is that Washington state law prevails over any contract signed in Washington. If this is so does this mean the contract is void or just must follow Washington law? Would they really be able to enforce the non-compete claus? A friend was telling me about Washington states law 'right to work' may not allow them to enforce that. Anyone know? There are several other companies providing the same services and none of them have any "trade secrets" or has any claim to any specific jurisdiction over potential customers.
Thanks!What is the name of your state (only U.S. law)?
Hi,
I signed up to work with a company who is a contractor for the cable company Comcast. However, they seem to have some shady business practices and I am considering working for another company doing the same job selling Comcast services. However, the contract I have signed has a non-compete claus written into it. Specifically it states:
That for a period of one year the independent representative will not:
"Sell, solicit, or accept business or orders, from existing or potential customers of the Company within the Independent Representative's sales territory as described in a paragraph 2, with respect to product or services similar to or competitive with the company or its subsidiaries or
Interfere with, disrupt or attempt to disrupt relationships, contractual or otherwise, between the company and/or a subsidiary, and its customers, employees, Independent Representative and/or vendors.
The Independent Representative further agrees that for a period of one year after termination of the contractual relationship, the Independent Representative will not, on behalf of anyone engaged in a similar line of business, directly or indirectly, solicit business from any of the Company's customers or potential customers......"......yadayadayada.....
Under Remedies for Breach of Contract it states:
The company may be able to recover "by means of an accounting, any profits the Independent Representative may have obtained in violation of this contract".
Oddly enough it also says under governing law:
"The contract shall be governed by the laws of the State of California. The state courts of the State of California located in Sacramento County, California shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit to and hereby consents to the Sacramento County, California state courts' exercise of jurisdiction. In any successful action by the Company to enforce this contract, the Company shall be entitled to recover its attorney's fees and expenses incurred in such action."
So my questions are: Can they legally have the state of California be the ruling party if the contract is signed and the company is operating out of Washington (it operates out of Cali as well)? My guess is that Washington state law prevails over any contract signed in Washington. If this is so does this mean the contract is void or just must follow Washington law? Would they really be able to enforce the non-compete claus? A friend was telling me about Washington states law 'right to work' may not allow them to enforce that. Anyone know? There are several other companies providing the same services and none of them have any "trade secrets" or has any claim to any specific jurisdiction over potential customers.
Thanks!What is the name of your state (only U.S. law)?
