Lincoln, CA asked in Employment Law for California

Q: My employer is trying to sue me for a non compete contact, but i live in cali and they are based in PA can they win?

Related Topics:
1 Lawyer Answer
Benjamin Hill
Benjamin Hill
  • Woodland Hills, CA
  • Licensed in California

A: The answer depends on whether the contract requires all disputes to be adjudicated in Pennsylvania. The reason is that California Courts will not enforce a no-compete clause against a California resident because such clauses are (generally) unlawful under California law. If there's no requirement to that disputes be resolved in Pennsylvania, you can file an action for declaratory relief here and have the clause declared illegal. If the contract does require that all disputes be adjudicated in Pennsylvania and such clauses are not illegal in that state, then your employer chances of enforcing the clause are pretty good. For more information on employment law topics, please visit --

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.