Out of state non compete agreement
My previous employer from another state is suing me using a non-disclosure/non-compete agreement I signed when I joined. The statement says I cannot work with any clent/customer in US and overseas. It doesn't state any time duration. Is it probable the non-compete can be void in court due that is too broad and probably illegal ?
1 answer | asked May 19, 2003 5:12 PM [EST] | applies to Arizona
Answers (1)
State laws differ on non-competes
If you signed a non-compete agreement in another state, the law of that state will probably govern its enforceability, although that may be an oversimplification. Some states, such as California, have statutes that prohibit non-compete agreements altogether except in very limited circumstances. Other states, like Arizona, require them to be narrowly written. Some state courts will rewrite agreements to make them enforceable, while others, like Arizona, follow the "blue pencil" rule, which only allows the court to strike language from an agreement but not rewrite it.
The bottom line is that you need a lawyer to look at the agreement and the surrounding facts, to research the applicable law and to respond to the lawsuit. You won't find the answer to your problem by surfing the web.
posted by Francis Fanning | May 20, 2003 1:37 PM [EST]
If you signed a non-compete agreement in another state, the law of that state will probably govern its enforceability, although that may be an oversimplification. Some states, such as California, have statutes that prohibit non-compete agreements altogether except in very limited circumstances. Other states, like Arizona, require them to be narrowly written. Some state courts will rewrite agreements to make them enforceable, while others, like Arizona, follow the "blue pencil" rule, which only allows the court to strike language from an agreement but not rewrite it.
The bottom line is that you need a lawyer to look at the agreement and the surrounding facts, to research the applicable law and to respond to the lawsuit. You won't find the answer to your problem by surfing the web.
posted by Francis Fanning | May 20, 2003 1:37 PM [EST]
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