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.
The Fifth Amendment to the United States Constitution prohibits the government from making you answer any questions that may incriminate you.
Go watch this video. http://www.youtube.com/watch?v=6wXkI4t7nuc
Refusing to answer questions is NOT obstruction. Lying to the police is obstruction. If you say "I don't know" when you really do, that's obstruction. I suggest using the phrase "I'm sorry, but I don't believe it is in my best interest to answer your questions".