5 ms·
He should have moved to a California first. Quite easy with covid19 and remote work being required.
by adrr 6y ago
He should have moved to a California first. Quite easy with covid19 and remote work being required.
- kelnos 6y agoI doubt that would have helped, given that he signed the agreement while a resident of a jurisdiction where it was valid. Regardless, I wouldn't uproot myself (and my family, if I had one) for something like this. Non-competes are an abomination and need to go, everywhere. The only alternative I'd accept is what's done in the finance world: you basically get a paid vacation for the term of your non-compete.
- em-bee 6y agoi don't think that matters. what matters is the jurisdiction where he works now. california doesn't want its employed population to be limited by noncompetes. they certainly won't be interested in honoring noncompetes from elsewhere.
- hopfscotch 6y agoThat is not how legal jurisdiction works.
- skinnymuch 6y agoOf course there are certain exceptions, but usually you’re still on the line for getting in trouble in another state. Being in another state doesn’t make you immune. I would be surprised if that’s true even across EU country lines if you’re still within the EU.
- em-bee 6y agoi didn't mean immunity, but i assumed that california law would always override here. turns out it is very much a case of it depends. in the EU non-compete clauses are quite limited and usually require compensation. unreasonable clauses can be invalidated. in germany for example a clause covering the whole country is unreasonable. therefore i think it's unlikely that a clause covering multiple member states would be acceptable. https://en.m.wikipedia.org/wiki/Non-compete_clause https://en.m.wikipedia.org/wiki/Non-compete_clause in general there is a mutual recognition of judgements from other states. thinking about this some more, this obviously must be the case, otherwise working across state borders would be difficult. the same must hold true for the USA as well. here is one interesting point: https://www.incegd.com/en/news-insights/recast-brussels-regulation-reinforcing-arbitration-exception https://www.incegd.com/en/news-insights/recast-brussels-regu... The basic rule is that a defendant should be sued in the courts of the EU Member State in which it is domiciled. this would mean if someone were to move to a state where non-competes are unenforceable, then they should indeed likely be able to escape that clause
- treis 6y agoVirtually all contracts will specify a jurisdiction for any disputes. In the case of employment contracts it's almost always where the company is registered. Moving to California likely doesn't help at all.
- xref 6y agoWhat if you’re not violating the non-compete in a jurisdiction where the contract is enforceable, like by moving to California?
- NonEUCitizen 6y agoThe old one still applies in the previous contract (and is enforceable in the old jurisdiction).
- Chris2048 6y agowhat does "enforceable in the old jurisdiction" mean? They send out bounty hunters to drag you back?