MA or NY
I signed a non compete with my employer situated in MA. My client in NY hired me. Will non compete be governed by MA or NY law. I live in CT but work for the client in NY. I implement the system.
1 answer | asked Aug 3, 2003 7:06 PM [EST] | applies to New York
Answers (1)
Choice of Law
To determine the state whose laws will be applied, first look to the agreement itself. If the agreement says nothing about the choice of law, then the state whose law will be applied is the state where the employee worked. That is, the location of the employer is not necessarily key. Usually, the state where the employee worked is the state where the employee lives, but the state of the employee's residence is not necessarily controlling.
Note that other considerations can enter into the question of choice of law, so that it is possible that the answer can be different.
Choice of law issues are very complicated. Law schools actually offer a complete course just on this question.
posted by David M. Lira | Aug 4, 2003 10:32 AM [EST]
To determine the state whose laws will be applied, first look to the agreement itself. If the agreement says nothing about the choice of law, then the state whose law will be applied is the state where the employee worked. That is, the location of the employer is not necessarily key. Usually, the state where the employee worked is the state where the employee lives, but the state of the employee's residence is not necessarily controlling.
Note that other considerations can enter into the question of choice of law, so that it is possible that the answer can be different.
Choice of law issues are very complicated. Law schools actually offer a complete course just on this question.
posted by David M. Lira | Aug 4, 2003 10:32 AM [EST]
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