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This is just a quick Google, not actual research, but there is at least one employment law firm online claiming that "only California courts are able to rule on
by danaliv 6y ago
This is just a quick Google, not actual research, but there is at least one employment law firm online claiming that "only California courts are able to rule on non-compete issues within the state, and the courts can only do so using California law."[0] No idea what the basis for this claim is though, and I wouldn't be able to evaluate its strength even if I did know. It's also not clear if this is relevant to a situation where not everyone involved is in California, as you point out.
Incidentally, there are some other surprisingly strong rights listed on that site, framed in such a way that suggests a law about this was enacted around 2017:
"As of January 1, 2017, non-compete agreements in California must operate under these rules:
"Employees can void any non-competes that require a court outside of California to decide disputes. In other words, the company cannot enforce an employee’s non-compete agreement in a state that allows these agreements.
"Employees are able to void contracts with illegal non-compete terms.
"Only California courts are able to rule on non-compete issues within the state, and the courts can only do so using California law.
"Employees are able to receive compensation for their attorney’s fees if they have to go to court to stand up for themselves in a non-compete dispute. Employers cannot seek attorney’s fees from the employee, even if the employer wins."
If true, this is all pretty amazing.
0. https://www.callahan-law.com/are-non-competes-enforceable-in-california/ https://www.callahan-law.com/are-non-competes-enforceable-in...