Non Compete in California

I joined a firm in 2001 and signed their confidentiallity agreement. In Jan 03 I was terminated and signed a termination agreement that included this origional confidentiallity agreement.

I went to work for a competitor on March 03. Today I recieved a document that states that "I should refrain from contact with "former Employeers" customers for a period of 6 months." The actuall agreement says 1 year.

I was never provided a list of all IXOS customers. I only had direct visability to my account list, occasional access to names of other customers when we provided reference accounts to prospective customers and web site public access to a list of published customers.

Although the wording is "Customers" I feel they will try to take legal action to prevent me from contacting all prospect accounts that I had while at my former employeer or that contact me.

The reall issue is the fact that they can begin legal action which would cost me money.

I want to avoid any legal issues as I am not of the type to litigate. What options do I have?

1 answer  |  asked Mar 22, 2003 5:05 PM [EST]  |  applies to California

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Harvey Berger

If you live near San Diego you may wish to speak to me.
The non-compete may or may not be valid, but the real problem you face is that if the former employer sues you, they can also sue your new employer. That generally is not viewed favorably by your new boss!

Obviously, if you want to avoid legal issues, the easy answer is to simply not solicit customers for six months.

Harvey Berger
Pope Berger & Williams

posted by Harvey Berger  |  Mar 23, 2003 3:08 PM [EST]

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