Non-compete across multiple state lines?

I signed a non-compete agreement upon joining Company A in late 2001. Company A's HQ are in TX, though I signed the non-compete in CA upon joining a division of Company A that was based in CA.

I left Company A in February 2005, after being transferred to a GA-based division. I accepted a job with a division in Company B, located in CA.

I am leaving Company B to go work for Company C, based in NV. Both Company B and Company C are competitors of Company A, though my joining Company B was deemed as "not a significant threat" and not in violation of my non-compete, as I was going to a non-competitive division of Company B.

Company C is a direct competitor of a division of Company A that I last worked for 14 months ago, though I left Company A only 6 months ago (I worked for a different, non-competitive division in the interim).

The terms of my non-compete signed with Company A state that for a period of 2 years after I have left Company A, I must notify Company A of any intent to accept a job offer with a competitor, and that Company A has the right to prohibit me from working for the competitor (but will compensate me at the same rate of salary/benefits that I was earning at Company A upon my departure, if this prohibition will inhibit my ability to find a job).

My question is - what is the enforcability of the non-compete of a TX-based company across other state lines? I signed the non-compete in CA, and am now a resident of CA again. My intent is to move to NV and accept the job offer with Company C. Is the non-compete enforceable - and do I really have to tell Company A my job plans for the remainder of the term of the 2-year period (18 more months?)

1 answer  |  asked Aug 7, 2005 11:06 PM [EST]  |  applies to Texas

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Margaret A. Harris
California Lawyer

You need a California lawyer. Here is a link to a list of lawyers in California who represent employees: http://nela.org/other/findLaw_results.cfm

If you are in Southern California, I recommend Nancy Bornn. If you're in Central California, I recommend William Smith. And, if you are in Northern California, I recommend Brad Yamauchi.

Good luck!

posted by Margaret A. Harris  |  Aug 8, 2005 2:02 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA

more Virginia Employment Lawyers