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My employer is based in CA and I am a remote contractor in a different state. Is a non-compete clause enforceable? [closed]
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I am a software engineer and have recently partnered with an employer based out of California for some contract work. I am based in New York City.
It is my understanding that non-compete clauses are nullified in the state of California, so I was surprised to see the following clause in my contract:
Consultant will not engage in any activity that is in any way
competitive with the business or demonstrably anticipated business of
Company, and Consultant will not assist any other person or
organization in competing or in preparing to compete with any business
or demonstrably anticipated business of Company. Without limiting the
foregoing, Consultant may perform services for other persons, provided
that such services do not represent a conflict of interest or a breach
of Consultant’s obligation under this Agreement or otherwise.
If I were an employee in California, the above would be nullified at the state level, however I am uncertain if this also applies to remote employees living in another state.
There is evidence to suggest the inverse situation is non-enforceable (i.e, employee in a state with non-compete clause moves to California to join a competitor, and the 1 year clause is not enforceable in CA [link]). Is this true for an employee who lives outside of CA and working for a CA company, as well?
contracts legal contracting employment-agreement california
asked Sep 4 at 18:05
FooBard
6
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FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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closed as off-topic by Dan Pichelman, Dukeling, IDrinkandIKnowThings, JimmyB, jcmack Sep 4 at 19:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, Dukeling, IDrinkandIKnowThings, jcmack
add a comment |Â
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-3
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I am a software engineer and have recently partnered with an employer based out of California for some contract work. I am based in New York City.
It is my understanding that non-compete clauses are nullified in the state of California, so I was surprised to see the following clause in my contract:
Consultant will not engage in any activity that is in any way
competitive with the business or demonstrably anticipated business of
Company, and Consultant will not assist any other person or
organization in competing or in preparing to compete with any business
or demonstrably anticipated business of Company. Without limiting the
foregoing, Consultant may perform services for other persons, provided
that such services do not represent a conflict of interest or a breach
of Consultant’s obligation under this Agreement or otherwise.
If I were an employee in California, the above would be nullified at the state level, however I am uncertain if this also applies to remote employees living in another state.
There is evidence to suggest the inverse situation is non-enforceable (i.e, employee in a state with non-compete clause moves to California to join a competitor, and the 1 year clause is not enforceable in CA [link]). Is this true for an employee who lives outside of CA and working for a CA company, as well?
contracts legal contracting employment-agreement california
asked Sep 4 at 18:05
FooBard
6
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
closed as off-topic by Dan Pichelman, Dukeling, IDrinkandIKnowThings, JimmyB, jcmack Sep 4 at 19:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, Dukeling, IDrinkandIKnowThings, jcmack
5
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
1
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
1
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01
add a comment |Â
up vote
-3
down vote
favorite
up vote
-3
down vote
favorite
I am a software engineer and have recently partnered with an employer based out of California for some contract work. I am based in New York City.
It is my understanding that non-compete clauses are nullified in the state of California, so I was surprised to see the following clause in my contract:
Consultant will not engage in any activity that is in any way
competitive with the business or demonstrably anticipated business of
Company, and Consultant will not assist any other person or
organization in competing or in preparing to compete with any business
or demonstrably anticipated business of Company. Without limiting the
foregoing, Consultant may perform services for other persons, provided
that such services do not represent a conflict of interest or a breach
of Consultant’s obligation under this Agreement or otherwise.
If I were an employee in California, the above would be nullified at the state level, however I am uncertain if this also applies to remote employees living in another state.
There is evidence to suggest the inverse situation is non-enforceable (i.e, employee in a state with non-compete clause moves to California to join a competitor, and the 1 year clause is not enforceable in CA [link]). Is this true for an employee who lives outside of CA and working for a CA company, as well?
contracts legal contracting employment-agreement california
asked Sep 4 at 18:05
FooBard
6
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am a software engineer and have recently partnered with an employer based out of California for some contract work. I am based in New York City.
It is my understanding that non-compete clauses are nullified in the state of California, so I was surprised to see the following clause in my contract:
Consultant will not engage in any activity that is in any way
competitive with the business or demonstrably anticipated business of
Company, and Consultant will not assist any other person or
organization in competing or in preparing to compete with any business
or demonstrably anticipated business of Company. Without limiting the
foregoing, Consultant may perform services for other persons, provided
that such services do not represent a conflict of interest or a breach
of Consultant’s obligation under this Agreement or otherwise.
If I were an employee in California, the above would be nullified at the state level, however I am uncertain if this also applies to remote employees living in another state.
There is evidence to suggest the inverse situation is non-enforceable (i.e, employee in a state with non-compete clause moves to California to join a competitor, and the 1 year clause is not enforceable in CA [link]). Is this true for an employee who lives outside of CA and working for a CA company, as well?
contracts legal contracting employment-agreement california
asked Sep 4 at 18:05
FooBard
6
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Sep 4 at 18:05
FooBard
6
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked Sep 4 at 18:05
FooBard
6
asked Sep 4 at 18:05
FooBard
6
6
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
FooBard is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
closed as off-topic by Dan Pichelman, Dukeling, IDrinkandIKnowThings, JimmyB, jcmack Sep 4 at 19:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, Dukeling, IDrinkandIKnowThings, jcmack
closed as off-topic by Dan Pichelman, Dukeling, IDrinkandIKnowThings, JimmyB, jcmack Sep 4 at 19:43
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, Dukeling, IDrinkandIKnowThings, jcmack
5
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
1
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
1
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01
add a comment |Â
5
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
1
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
1
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01
5
5
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
1
1
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
1
1
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01
add a comment |Â
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5
I would contact a lawyer who deals specializes in answering questions like this.
– Ramhound
Sep 4 at 18:17
1
You definitely want to check with avvo.com or a similar site
– Richard U
Sep 4 at 18:21
1
Is that a post-employment clause or applied during employment? IANAL, But even in California, I believe those are different scenarios.
– cdkMoose
Sep 4 at 21:03
One thing to look at is whether the contract says that it is governed by California law.
– Acccumulation
Sep 4 at 21:21
Are you going to be an employee of the company (W-2), an independent contractor (1099), or something else?
– Ben Mz
Sep 5 at 0:01