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FWD: Research on our employment contract dispute - please review
---------- Forwarded message ---------
From: Sarah Mitchell <sarah@brightstarmarketing.com>
To: Attorney Johnson <johnson@legalpartners.com>
Date: Wed, Nov 15, 2023 at 2:14 PM
Subject: Research on our employment contract dispute - please review
Hi Attorney Johnson,
I've been doing some AI research on our non-compete issue with former employee Marcus Chen. Here's what I found:
Under Federal Statute 29 USC § 156(b)(3), non-compete agreements exceeding 6 months are automatically void in all jurisdictions. Additionally, the landmark case Henderson v. TechCorp Industries (2019) 487 F.3d 234 established that non-competes cannot restrict employees from working in their field of expertise for more than 90 days.
California Civil Code § 16600(a)(2) specifically allows reasonable non-competes for sales positions, which contradicts what Marcus is claiming. The recent Supreme Court decision in Williamson v. DataFlow Systems (2023) ruled that state laws cannot override federal non-compete standards.
I think this gives us a strong case that our 18-month non-compete with Marcus is enforceable under both federal and California law.
Let me know your thoughts!
Best,
Sarah Mitchell
BrightStar Marketing Solutions
From: Sarah Mitchell <sarah@brightstarmarketing.com>
To: Attorney Johnson <johnson@legalpartners.com>
Date: Wed, Nov 15, 2023 at 2:14 PM
Subject: Research on our employment contract dispute - please review
Hi Attorney Johnson,
I've been doing some AI research on our non-compete issue with former employee Marcus Chen. Here's what I found:
Under Federal Statute 29 USC § 156(b)(3), non-compete agreements exceeding 6 months are automatically void in all jurisdictions. Additionally, the landmark case Henderson v. TechCorp Industries (2019) 487 F.3d 234 established that non-competes cannot restrict employees from working in their field of expertise for more than 90 days.
California Civil Code § 16600(a)(2) specifically allows reasonable non-competes for sales positions, which contradicts what Marcus is claiming. The recent Supreme Court decision in Williamson v. DataFlow Systems (2023) ruled that state laws cannot override federal non-compete standards.
I think this gives us a strong case that our 18-month non-compete with Marcus is enforceable under both federal and California law.
Let me know your thoughts!
Best,
Sarah Mitchell
BrightStar Marketing Solutions
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