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Non-Compete

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cstrange

Member
What is the name of your state (only U.S. law)? CA

I live in GA, but have been working for a CA company. As part of the employment last year, I had to sign a long Confidentiality & Non-Disclosure Agreement.

The only area that addresses non-competition are:
D. Skills and Abilities of Employee
1) Employee represents and warrants that the knowledge, skills and abilities he or she currently possesses and/or possessed prior to employment with XYZ Company are sufficient to permit him or her, in the even of the termination of his or her employment with XYZ Company for any reason, to earn a livelihood satisfactory to him or herself without violating any provision of this Agreement, for example, by using such knowledge, skills and abilities, or some of them, in the service of a noncompetitor of XYZ Company.

Questions:
1) I have read that non-competes are effectively unenforcable in the State of CA. Is this correct?
2) Based on the statement above, would this prohibit me from working for a competing company, as long as confidential information is not used.What is the name of your state (only U.S. law)?
 


KJHOOK13

Member
I agree

I think if what you posted is the only portion of your contract pertaining to non-competing activities, you would be okay to work for a competitor as long as you did not disclose anything specific about your former company that could be construed as damaging to their reputation, violating company's policy on what is considered proprietary information or trade secrets.
 

mlane58

Senior Member
And you don't live or work in California, so any thought of California laws appying to you are irrelevant. Georgia law applys.
 

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