Non-compete transfer when company moves to CA
I may have signed a non-compete agreement with company "A" in 1994. At the time I worked at the company headquarters in CT. Since then both myself and the company have relocated to CA. I have left the company to pursue a position with a competing company in CA. If company A were to file a suit based on the agreement signed in CT, could the suit be filed in CT even though neither myself or the company are still there? If so can the CT court enforce a TRO in CA for a CA company?
1 answer | asked Aug 26, 2003 5:30 PM [EST] | applies to California
Answers (1)
race to the courthouse
you may end up in what's known as the "race to the courthouse". whoever gets to court first may have priority in litigating any claims arising from the agreement.
equally important, the "choice of law" provision in the agreement will be considered by the court, but not necessarily be determinative.
you need to talk to an attorney experienced in employment law, pronto. your new company may well want to help with the litigation, as they are vulnerable to being sued as well. you can find one in your area at the cal employment lawyers assn's website (www.celaweb.org).
good luck
janet m. koehn
posted by Janet M. Koehn | Aug 26, 2003 5:44 PM [EST]
you may end up in what's known as the "race to the courthouse". whoever gets to court first may have priority in litigating any claims arising from the agreement.
equally important, the "choice of law" provision in the agreement will be considered by the court, but not necessarily be determinative.
you need to talk to an attorney experienced in employment law, pronto. your new company may well want to help with the litigation, as they are vulnerable to being sued as well. you can find one in your area at the cal employment lawyers assn's website (www.celaweb.org).
good luck
janet m. koehn
posted by Janet M. Koehn | Aug 26, 2003 5:44 PM [EST]
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