I signed a non-compete in PA but now live in CA. Can the non-compete be enforced?

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I've been told that non-competes are not enforceable in CA, but since it was signed in PA, I'm not sure about it. The companies are in the same field. however the prior employer has no 'trade secrets', no proprietary customer lists, etc.

Attorney Answers

2
Brian Dinday ·
I have to tell you that this is not my area of law, but I understand that in the past such non compete clauses are enforced IF they are reasonably restricted in time and place. In other words, if you worked for a driveway paving contractor in Hershey, PA and they only work in PA, how are you "competing" with them by doing the same work in California? However, if you work for a company that is directly competing with your old employer's markets, you could have a problem and should sit down with a business attorney for a detailed discussion. Despite the lack of trade secrets or customer lists, you could be disadvantaging your old employer by revealing business strategies or plans. Do not use your new employer's attorney though.
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
It doesn't matter where you live now, which state's law governs your non-compete is provided in your agreement, so you need to check your agreement. If it's California law, you're right, non-competes aren't enforceable at all, although agreements to restrict use of an emploter's trade secrets are enforceable. If it's Pennsylvania law, a non-compete will be enforceable if it's language is reasonable. You should have your particular agreement checked by a qualfied contract/employment lawyer in the state whose law governs your agreement, taking into consideration your job and and your employer. Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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