California / New Zealand Non-Compete

[jhermanmarketing]

California

Hey guys,

I am in California and i've been working with an online business owner in New Zealand. I signed a non-compete agreement for 7 years but I have a few questions:

A) Is this NCA even able to be upheld in CA?

B) I am wanting to start my own company in the same industry

C) In regard to processes and procedures I am not using any of their material . . . In fact, when I came in I did a complete overhaul of their support replies and auto responders, so as an independent contractor, wouldn't that be considered MY intellectual property?

D) As far as completing the services rendered I did not have any access or was ever told how to do it, what to do, or the programs that are being used. I purchased a course for training on what I'm doing and I did loads of research to get the right software. I have no idea what they use or if it's even the same things

So long story short - AM I AT RISK?

 

[LdiJ]

California

Hey guys,

I am in California and i've been working with an online business owner in New Zealand. I signed a non-compete agreement for 7 years but I have a few questions:

A) Is this NCA even able to be upheld in CA?

B) I am wanting to start my own company in the same industry

C) In regard to processes and procedures I am not using any of their material . . . In fact, when I came in I did a complete overhaul of their support replies and auto responders, so as an independent contractor, wouldn't that be considered MY intellectual property?

D) As far as completing the services rendered I did not have any access or was ever told how to do it, what to do, or the programs that are being used. I purchased a course for training on what I'm doing and I did loads of research to get the right software. I have no idea what they use or if it's even the same things

So long story short - AM I AT RISK?

There is not enough information here to answer your question. Someone would have to be familiar with your industry and then be able to read the non-compete agreement in full. You are probably going to want to run it by a local attorney who can do so.

 

[quincy]

California is not fond of non-compete clauses in contracts but I agree with LdiJ. There is not enough information provided to answer the questions you ask. I also agree with LdiJ that you should have your non-compete personally reviewed by an attorney in your area to determine your risk.

Here is a link to California's Business and Professions Code section 16600 which makes non-compete clauses void (although there are exceptions): https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC&sectionNum=16600.

 

[jhermanmarketing]

Hey guys thanks for the reply.

I'll check into that and find an answer.

I appreciate your time. Have a great day.

 

[quincy]

You're welcome. We appreciate the thanks.

Good luck.