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Old employer says I'm violating a non-compete. I'm in California.

CAanon_engineer1 month ago

Took a new job. Old employer sent a cease-and-desist citing the non-compete I signed. We're both in CA.

1 reply

✓ Verified answer from a licensed attorney — shown first

Folake Okeke avatarFolake OkekeVerified Attorney1 month ago

California is the strongest no-non-compete state — Business & Professions Code §16600 makes non-compete clauses VOID with very narrow exceptions (sale of a business, dissolution of a partnership). The 2024 amendments (SB 699 and AB 1076) went further — employers can't even threaten to enforce a void non-compete, and they had to notify former employees who signed void agreements by Feb 2024. The cease-and-desist itself may violate CA law and create a cause of action FOR YOU against the old employer. A quick response from a CA employment attorney usually ends this fast. Don't ignore the letter, but don't capitulate. Trade secret claims are a separate analysis — those exist even in CA.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.