Is an electronicly knowledgedment of a non-compete agreement included in our company handbook valid?
I used to get the employee handbook once a year electronically. I read it and check the knowledgement. On the handbook, there is a non-compete document included. I never physically signed it but knowledged it electronicly.
Now I am working for another company in a diferent state (from AZ to CA). The company is threating to sue me if I continue working with clients that are calling me wanting me to transfer them to the new company...please help
Answers (4)
Hello. The answer to your question and concern depends on several other issues that must be discussed in your employment handbook and the non-compete clause, including any agreement between you and the employer as to where your disputes will be litigated or otherwise resolved.
If the disputes are to be resolved under California law, then most likely (although to be sure, I have to see and read it) the non-competition clause is invalid. If Arizona law applies, things might be different.
Thanks,
Arkady Itkin
San Francisco / Sacramento Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Sep 22, 2009 12:03 AM [EST]
If the disputes are to be resolved under California law, then most likely (although to be sure, I have to see and read it) the non-competition clause is invalid. If Arizona law applies, things might be different.
Thanks,
Arkady Itkin
San Francisco / Sacramento Employment Lawyer
http://www.arkadylaw.com
posted by Arkady Itkin | Sep 22, 2009 12:03 AM [EST]
In California, generally non-compete agreements are illegal. You should have an experienced CA attorney view the agreement to see if it is illegal. On the other hand, the illegality is non-waivable, which means an illegal non-compete agreement is uneforceable - but you would be best served by noticing and discussing that with your ER upfront.
posted by Elisa Ungerman | Sep 16, 2009 2:29 PM [EST]
posted by Elisa Ungerman | Sep 16, 2009 2:29 PM [EST]
If I am reading your question correctly, you were working in AZ at the time the non-compete policy was promulgated and acknowledged by you. I do not know AZ law, but under general principles of law, that acknowledgment is probably sufficient. You should be aware that CA law is different from most states regarding non-compete agreements. You should see an experienced CA attorney right away.
posted by George Allen | Sep 16, 2009 2:10 PM [EST]
posted by George Allen | Sep 16, 2009 2:10 PM [EST]
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