Non-compete in California

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tinglehb

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For the last 10 years of my career I have been in sales for manufacturing equipment. This industry is made up of only a few players worldwide. The skill set for this type of work is very specialized. Earlier this year I left my company of 10 years to join a company that required me to sign an agreement stating that I would not be employed by, own, manage, operate, control or otherwise engage in any business which competes with the company (a "Competitive Business") for a period of one year following termination.
Recently I was approached by my previous company of 10 years to come back as a Regional Manager. I am concerned if I take the opportunity I'd be breaking the agreement. Can the company I'm currently working for come after me on this career move?
What are my rights in the state of California? I am told that in the state of California non-compete agreements are illegal but what if the company headquarters are in a different state?
 
From http://labor-employment-law.lawyers.com/employment-contracts/Non-Compete-Contracts.html
Non-compete agreements are becoming an increasingly popular way for employers to try to limit employees and former employees from working for a competitor, or from divulging trade secrets or other proprietary data.

Contrary to common misperceptions, courts will uphold non-compete clauses if they comply with acceptable standards. Enforcement against an employee can be both by damages and by an injunction that prohibits the employee from engaging in conduct that violates a non-compete clause.

An employer also can be held liable for hiring an employee who violates a non-compete agreement with a previous employer. In some cases, employers can recover damages from both the former employees and their new employers who collaborate with them in the transgressions.

However, some states impose substantial restrictions on the enforceability of non-compete clauses. In California, for example, they may not be enforceable at all. In New York, their enforceability is quite limited.
Clink on link to read more. You should seek the advice of a lawyer with contract experience before accepting the new offer.
 
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