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0 pointsdeaddodo8y ago0 comments

Your new employer doesn't have to fight anything. Non-executive non-competes are specifically disallowed by the CA gov't. It's up to your previous employer to prove you were an executive (upper management/c-suite) and sue you, not vice versa.

0 comments

pfarnsworth8y ago

But then you have to deal with a lawsuit, hire a lawyer, etc. Just because it's unenforceable doesn't mean that your shitty employer can't sue you. Why not just head it off at the beginning and have it right there in the signed contract?

jimsug8y ago

You don't necessarily need to hire a lawyer, but I've always found this to be one of the pains of the American costs system.

On the other hand, a court can't really order you to work for the company, so even if by some miracle they were successful, it'd come down to a matter of damages, and those would be difficult to prove even if you went to work for a direct competitor.

_v7gu8y ago

It'd be thrown out immediately anyway, due to having no legal basis (at least in the mainland European civil law systems)

palunon8y ago

California doesn't have a mainland European civil law system.

deaddodoOP8y ago

The plaintiff pays costs in these cases (filing fees, motion fees, etc) and, if it gets thrown out (most likely, as it would be considered frivolous)/you win, you owe nothing. It's really a stupid action for a company to try and take.

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