Your Out-of-State Noncompete Is Probably Void in California

You got a better offer, reread the noncompete you signed two jobs ago, and turned the offer down.

Maybe you did not even reread it. The memory of signing something was enough. The fear did the work.

This happens constantly, and it happens quietly. Lawyers see the pattern often enough that there is a settled way to look at it.

California treats noncompete agreements as void. Business and Professions Code section 16600 makes contracts that restrain you from working in your profession unenforceable, and section 16600.5 extends that rule to agreements signed outside California, no matter where you signed or what state’s law the contract names.

Since 2024, employers have also been required to notify many current and former workers in writing that covered noncompete clauses are void. Attempting to enforce a void clause can itself create liability for the employer.

California protections are broad here, but not unlimited. Confidentiality obligations and trade secret law still apply, and narrow exceptions exist, such as agreements tied to the sale of a business.

Whether your specific clause binds you turns on the facts: what the clause actually says, where you live and work now, and which category the restriction falls into. The label on the document decides less than people think.

If the pattern sounds familiar, 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.