Non Compete Agreement in CA

[zmfouad]

I worked for a company for 3 months as a sub-contractor. The company i worked for is based in TX, but my job was in CA. They made us sign a non-compete agreement upon being hired. Three months later, after having problems like, not getting paid on time, and not getting paid the promised rate, I decided to switch to a better company. I was offered a position with a competitor company of their's and I accepted. I have been with them for a month now. Now, I am learning that my previous employer has found out that I am working for their competitor, and are threatening me to take legal action against me. What should I do? I hear that a non-compete agreement has no legal standing in CA, but in TX it does. Someone also tells me that it is a race to the court. Whoever goes to court first wins. CA labor court will dismiss the case, however TX might rule in my previous employer's favor. I need some advice, and also a referrel to some good attorney who handles this kind of cases. I happen to be an H-1B worker, if that would make the things any different.

 

[cbg]

Does the agreement state that it will be handled under Texas or California law?

While it is true that in MOST cases non-exempts are unenforceable in California, it's unclear which state law holds, and that will be determined by the exact wording of the agreement. You'll need to show it to an attorney who can review the agreement as a whole to determine that.

The likelihood is that unless it specifically says that Texas law will 'rule', California law will hold so show it to a CA attorney.

 

[world571]

Does the agreement state that it will be handled under Texas or California law?

While it is true that in MOST cases non-exempts are unenforceable in California, it's unclear which state law holds, and that will be determined by the exact wording of the agreement. You'll need to show it to an attorney who can review the agreement as a whole to determine that.

The likelihood is that unless it specifically says that Texas law will 'rule', California law will hold so show it to a CA attorney.

In my case,it says "Fairfax County, Virginia" law. What will be the outcome?
Is it really enforceable?

 

[cbg]

I don't know what the outcome will be. My crystal ball is out being recalibrated.

I don't know if it's enforceable, either, since I haven't read it and am not in your state.

Show it to an attorney in your state, for an answer to the second question. For the first, try Madame Cleo.