Re: NON COMPETE AGREEMENT IN CALIFORNIA ARE COMPLETELY AND ALWAYS INVALID!!
posted on
Mar 19, 2009 10:09AM
Someone correct me if I am wrong, and in the case of EDIG selling eVU this article proves why we won, but there are other laws that are upheld such as:
1. confidentiality agreements when one is given and exit package as Blakley got, and I was on the receiving end of one of these myself in 2005, then went to work at a competing company, but could not let loose of confidential company information, but they could not stop me from gaining employment, nor competing.
2. when one sells a business, there are non-compete clauses that to start up another business to compete, it had to be a 5 mile radius away, or not for 5 years at all, depending on the terms of the sale.
My Wife bought a business and the attorney for her, I think it was LL who wrote it (kidding) put this clause in for her protection, and it was upheld...not in court as this never happened, but the seller reopened the same kind of business 15 miles away 6 months later so there was no issue.
Obviously, the EDIG/digEcor senario does not fit either of these 2 above.
Gil, anyone...items 1 & 2 for comments?