Legal Question in Employment Law in California

I live in california and will be working as a product manager for an employer in pennsylvania who has an office in california. The employer has asked me to sign a very broad non-compete which prevents me from working in any company in the world that has technology that does X where X is defined very broadly, The non-compete agreement states that the non-compete agreement shall be governed by and interpreted under the laws of the Commonwealth of Pennsylvania without giving effect to any conflict of laws principles. Is such a non-compete enforceable in california since it states that it is governed by the laws of Pennsylvania ?


Asked on 2/08/14, 6:12 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Non compete agreements are enforceable in CA theoretically. However, only to the extent they are reasonably limited in scope, duration and you receive something in payment/compensation for signing. Many employers use them as a weapon after termination, and could cause you substantial litigation costs, whether they have a good chance of winning or not.

Yes, other state law can be applied and enforced in CA through contract terms.

If you need to hire counsel to help in this, feel free to contact me.

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Answered on 2/08/14, 10:12 pm


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