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ARTICLE · 24 JULY 2012

Doesn’t Marissa Mayer Have A Non-Compete???

Fisher Phillips LLP
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Yahoo! recently named longtime Google executive, Marissa Mayer, as its new CEO.

United StatesEmployment and HR
Michael Greco
Michael Greco
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Yahoo! recently named longtime Google executive, Marissa Mayer, as its new CEO.  Since the announcement, Twitter has been aflutter with comments about how this could happen.  One Tweeter remarked: "Whoa. Either Marissa Mayer didn't have a non-compete or no one at Google thinks Yahoo qualifies as competition."  Another tweet speculates that she must have at least signed a confidentiality agreement. 

These Tweeters are not alone in their curiosity.  Over the past twenty-four hours I have been asked many questions by friends and family alike about this move.  Here's my take.

Didn't she have a non-compete?  Probably not.  Of course, I can't say for sure as I am not privy to her employment arrangements with Google, but my strong guess is that she does not have a non-compete that facially forbids her from accepting employment with a competitor.  Such an agreement would be unenforceable in California where section 16600 of the Business and Professions Code prohibits

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