Company is based in OH & I take a job in GA, noncompete is judged by OH or GA laws?

I work for a Software as a Service (SAAS)company that offers only users on their system media buying and placement. I provide consultations and media and buying services. My noncompete says that for 1 year I cannot provide competing products or services. Does this mean I cannot work for a traditional media buying agency?
Thanks so much,

2 answers  |  asked Feb 25, 2010 2:56 PM [EST]  |  applies to Ohio

Answers (2)

Neil Klingshirn
David is correct. Check your non-compete to see if it specifies which state's law applies. If it specifies either Ohio or Georgia law, then that is probably the law that the court will apply.

If the non-compete is silent on whose law to apply, the court will usually apply the law of the state that it is in, so long as the non-compete has some contact with that court's state. Thus, if the non-compete suit was filed in Georgia or Ohio, Georgia would probably apply Georgia law, while Ohio would apply Ohio law. Generally speaking, Georgia law is more favorable to employees in non-compete cases.

Here is an article that goes deeper into choice of law issues:

posted by Neil Klingshirn  |  Feb 25, 2010 3:28 PM [EST]
David Neel
I think that it is necessary to see the whole non-compete agreement. If it contains a "choice-of-law" provision then you might have your answer.

Generally, if an Ohio company employs you in Georgia then chances are that Georgia law will apply. This might be true even if the agreement says that Ohio law applies. But I don't believe that a firm answer can be given without actually reading the agreement.

posted by David Neel  |  Feb 25, 2010 3:07 PM [EST]

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