That Non-Compete You Signed Probably Does Not Hold Up In California

You are looking at a new job offer, and someone brought up the non-compete provision buried in your old offer letter.

This comes up often enough that California has one of the clearest rules in the country on it; most people just have not heard it.

Bus. & Prof. Code § 16600 voids almost every contractual restraint on an employee’s ability to work in their trade or profession after leaving a job, a rule the California Supreme Court reaffirmed broadly in Edwards v. Arthur Andersen LLP. A narrow set of exceptions exists for the sale of a business and a few partnership contexts, but a standard employee non-compete provision generally does not survive.

If a non-compete provision is the reason you are hesitating to take a new job, that hesitation may be resting on a clause California law does not actually enforce. That is worth walking through before you decide what to do next.

Contact Michael Trust Law, APC for a no-charge initial consultation. The facts determine whether you have a claim – and how much of a conversation that takes.

This post shares general information based on common patterns I see in California workplaces. It is not legal advice, does not create an attorney-client relationship, and outcomes depend on specific facts – no lawyer can guarantee a result. Past results do not guarantee or predict future outcomes. AI may have been used to create this post. All content reviewed by a CA attorney before publication.