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  1. #1
    swalsh411 is offline Senior Member
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    Post being deleted

    I read a question an hour or so ago about a non-compete clause in CA and there were a few responses and I didn't have anything to add so I didn't post. I just read the same question (at least I think it was) and there were no responses. I checked the user's posting history and it was not a duplicate post compared to the one with responses.

    Somehow either the whole thread was deleted and then re-posted or the answers were deleted.
    And I'll have you know I am no stranger to litigation! I've been sued many times and enjoy every second of it. - Master Shake
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by swalsh411 View Post
    I read a question an hour or so ago about a non-compete clause in CA and there were a few responses and I didn't have anything to add so I didn't post. I just read the same question (at least I think it was) and there were no responses. I checked the user's posting history and it was not a duplicate post compared to the one with responses.

    Somehow either the whole thread was deleted and then re-posted or the answers were deleted.
    The poster probably deleted it.

    B&P Code 16600 covers if for California. Non-competes are not valid in California.

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  3. #3
    Stevef is offline Senior Member
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    I was going to jump in on that one. Although non-competes will not be enforced by a CA court, if the company is in a state outside of CA, and sues in their home court, it may be enforced.

    There was a Mass case I was looking at where the VP of EMC/HP/Compaq or some Mass company went to work for a competitor in CA. He was sued in a Mass court, even though he claimed CA wouldn't enforce the agreement. I think the CA court would have to enforce the judgment, even though they wouldn't have come up with the same result.

    I also read that Georgia courts don't like non-competes either, and that a GA resident can go to a GA court and have the non-compete declared invalid, as long as they file before the other side files in their home state.

    I learned (by sitting on the sidelines, watching) that a non-compete battle can cost six figures.

    After reading his response, I remembered the thread was closed, hence my lack of response to it. He had also posted another (now MIA) thread about repaying commissions for refunded sales.
    Last edited by Stevef; 04-05-2010 at 08:19 PM.
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