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MO hq suing-terminating CA resident/employee

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  • MO hq suing-terminating CA resident/employee

    MO headquarters with offices in CA. Was fired from the CA office and sued over the non-compete clause of the employment agreement. In the process of negotiating a settlement, but the company insists on keeping MO as choice of law/venue (as opposed to CA). Are there any CA regs/laws that would help to argue this point?

  • #2
    Non-compete agreements are such strange critters. What is legal in one state is unenforceable in another. Some states will allow some unenforceable line to be removed from the agreement, while others will strike down the entired document if there is one part that is unenforceable.

    I cannot imagine how the company can put it before a Missouri court when you worked in California. For all other purposes, California's laws applied to your employment.

    Either way, you should seek legal counsel that understands that aspect of the law (and can read the document).
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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