

Does a non-compete mean I can't change jobs? - thinksocrates

I have a non-compete agreement with my current employer. It extends 1 year after the end of my employment. I am in the U.S. (Ohio). Does this mean that I can not seek new employment without waiting for the agreement to expire. I am an iPhone developer and want to accept an offer from another iPhone company. Other than that both jobs are developing for iOS, they are not in related business areas. I understand how in certain cases these agreements help protect a company's IP, but I don't know where the line is. Since I have only been in the industry for 2 years, I don't know what the general consensus is on what is ethical and legal. Any wisdom would be appreciated.
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hga
You can move to California where non-competes (at least for employees at your
level) are unenforceable. Unless, of course, there's some way for Ohio law to
reach out to another state, which I think would pretty much require taking it
to a Federal court (difficult at best). If you choose this route consult a
lawyer.

(I strongly suspect Silicon Valley's long term success has more than a little
to do with this century or so old policy.)

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jmount
California does protect you against getting into new non-competes. But in
finance I have heard of New York non-competes being honored in California. I
don't have any case-law (and it could be a successful example of bullying) but
you may want to double check.

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hga
The stakes ($$$) are likely to be a lot higher in finance ... plus finance in
the US is so NY centric bullying would likely be more effective; these sort of
"would it be worth their while to sue?" questions are where you'd definitely
want to talk to a lawyer. Also California's law doesn't cover the highest
levels of companies like owners.

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hga
This article indicates moving to California can work, although it's not really
clear legally why:
[http://www.boston.com/business/articles/2007/12/30/why_nonco...](http://www.boston.com/business/articles/2007/12/30/why_noncompete_means_dont_thrive_/)

To me this article strongly implies non-competes are non-enforcable after
moving: [http://www.crn.com/it-
channel/18815740;jsessionid=50NGMBUQKT...](http://www.crn.com/it-
channel/18815740;jsessionid=50NGMBUQKTN1TQE1GHOSKH4ATMY32JVN)

EMC is such a junk yard dog in this area and the allegations are described
with sufficient specificity that it sounds like whatever non-completes
Karwowska signed outside of California they couldn't be used against her when
she presumably moved to Silicon Valley. EMC could only claim nondisclosure and
nonsolicitation agreement violations....

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spooneybarger
Depends on what your non-compete says. What is the actual language in the
agreement you signed?

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thinksocrates
Very similar to this one
[http://contracts.onecle.com/ckx/fuller.noncomp.2005.03.17.sh...](http://contracts.onecle.com/ckx/fuller.noncomp.2005.03.17.shtml)

~~~
spooneybarger
So basically, the standard 'any business that competes' language? That is
rather vague and open to interpretation. Is another iPhone OS company in
competition even if they dont make the same kind of software? Your current
employers could certainly make a strong case for that. Unless it is
specifically spelled out in the contract well, that is why we have lawyers and
courts- to settle the ambiguities in and different interpretations of
contracts.

Basically, you won't know unless they try to enforce and either succeed or
fail.

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dinkumator
you could always talk to your boss/HR/whoever and tell them you want to leave.
there are a few things that could happen: 1) better offer to stay, 2) give you
a letter/agreement to not sue over the noncompete, or 3) fire you, in which
case the noncompete suit becomes hairier (you need to find work again,
right?).

you could also tell the prospective company of the issue and see if they have
a lawyer or anything to check it out.

