{ "media_type": "text", "post_content": "Will a company enforce a non compete agreement if the company is in San Francisco but employees live in another state? Do they file the lawsuit within employees or employers state? It is a tech startup.", "post_id": "61699c2a78c502002e470770", "reply_count": 8, "vote_count": 1, "bowl_id": "55375ce690f5eebe1d2a0f88", "bowl_name": "Tech" }

Will a company enforce a non compete agreement if the company is in San Francisco but employees live in another state? Do they file the lawsuit within employees or employers state? It is a tech startup.

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I believe the noncompete is irrespective of which state you're in but I've heard of folks having the prospective employer changing the title of the position to adhere to the noncompete

Yep. I know California doesn’t enforce non competes.

not necessarily the case - CA law might not apply if there is a "choice of law" provision

Very true, this is what I was gonna say.

Frankly, for most 'rank and file' employees, the legal cost of trying to enforce such agreements just isn't worth it to the company... unless there is a specific reason to go after the individual. E.g. if someone leaves and takes customers/clients with them. I've personally only known of one company that tried to enforce a non-compete agreement, and it was done as a retaliation against a group of former employees who started their own company specifically to compete with their old company.

Personally, I wouldn't take any chances. But that's just me.

I would either contact a lawyer to make sure or sneak out the door very very quietly on your way out.

I agree with SUXD up there...there can be noncompetes in place but enforcing it is a varied thing. If you're actively stealing clients then yeah, but if you switch without really impacting your current workplace...the financial cost of enforcing the agreement isn't in their favor. I would defs consult with a lawyer though to cover your tracks.

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