http://disqus.com/by/martinvr/enWed, 06 May 2009 19:42:53 -0000http://wikibon.org/blog/weighing-in-on-donatelli/#comment-9075631<p>Thank you for your reply. I looked at the case you mentioned and you have a good point. My information is out of date. I find it amazing that one man's decision of which company to work for may bubble up into a state's rights issue, but I suppose that happens all the time in law.</p>martinvrWed, 06 May 2009 19:42:53 -0000http://wikibon.org/blog/weighing-in-on-donatelli/#comment-8985308<p>Great post. I worked at EMC for 6 years and I think your analysis is spot on. Donatelli was well respected. Regarding the non-compete agreement, I also agree that Donatalli and HP have thought this through. A reasonable person may think that a contract between a Massachusetts based employee and employer would be enforceable in a Massachusetts court but the law is not so reasonable! There is a strong precedent in California, "Application Group, Inc. v. Hunter Group" which has facts almost identical to this case and the result was the application of California law to allow the employee to work in CA despite a non-compete clause that was legal and enforceable in Maryland. I am not a lawyer, but I think the basic principle here is that while states have a requirement to uphold laws of other states (Full Faith and Credit Clause), they don't have to do so if the law conflicts with their own. California has very clear laws prohibiting non complete clauses, so there is a big conflict and prior precedent to rule in the employee's favor. California does not want other states deciding who can or cannot work here so this is bigger than just one non compete clause. By the way, there are many other laws protecting trade secrets and intellectual property which California completely respects so EMC can still enforce most of it's Key Employee Agreement.</p><p>Nothing in the law is ever 100% clear though, and EMC looks intent to litigate. This will be an interesting case to watch. As an executive in Silicon Valley I have to say I hope "Hunter" is upheld. Some of the SV magic comes from the mobility of the workforce at all levels and I would hate to see that squashed. Where would the computer revolution be if Noyce and Moore could not leave Fairchild to start Intel because of a non-compete agreement?</p>martinvrMon, 04 May 2009 12:58:40 -0000