How do I know if I’m in compliance with a non-compete with my current employer?

UPDATED: Oct 2, 2022

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How do I know if I’m in compliance with a non-compete with my current employer?

I am currently working for a women’s clothing manufacturer that sells on a wholesale and retail e-commerce scale. I work in their wholesale division. I signed a non-compete agreement that states that I cannot be in direct competition, even after 2 years of leaving the company. I have recently started a retail e-commerce and would like to know what I can and cannot do so I am still in compliance with the NCA. The company’s HQ is in Australia but the business I work for is in CA. Can you please clarify?

Asked on July 31, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

We can't give you a personalized answer because it depends on the EXACT wording of the non-compete, the precise nature of your former employment and the degree to which your current position may compete with it, based on, for example, where (and to whom) your current & former jobs sell their goods. In short, the answer is not based on general legal principals but on facts specific and unique to your situation; to get an opinion based on specific facts, you have to consult with an attorney.

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 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.

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