What to do about a non-compete if my company was acquired by another company which I had eventually left?

I signed a non-compete agreement when I left. I now have an opportunity to work for another company which may overlap the previous company is a few areas but not all. I also work in an entirely different job description with the new company. Does the old company have a case against me.

Asked on October 23, 2013 under Employment Labor Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Non-compete agreements are I believe considered invalid in California. You need to verify with your local counsel if you need a specific contract opinion. At this point, it may be moot for whom you work as long as the issue is that whether the non-compete is legally enforceable. It may not be legally enforceable. Even if it were enforceable, you still have the fact your job is completely different and acquired by a new company -- it is not the same as you leaving.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.