Non Compete Clause Enforcement

Summary

Non-compete clauses are generally unenforceable in California due to Section 16600, which voids contracts restraining lawful professions. However, New Jersey and New York laws may allow enforcement if the clauses are reasonable and protect legitimate business interests. Californias Section 16600.5 allows employees to challenge non-compete clauses, even if the contract was signed outside California. Filing a lawsuit in New York might not prevent the employee from seeking relief in California courts. Consider where the contract was signed and where the employee works.

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Afraid about *.*. (b) An employer or former employer shall not attempt to enforce a contract that is void under this chapter regardless of whether the contract was signed and the employment was maintained outside of California. (c) An employer shall not enter into a contract with an employee or prospective employee that includes a provision that is void under this chapter. (d) An employer that enters into a contract that is void under this chapter or attempts to enforce a contract that is void under this chapter commits a civil violation. (e) (*) An employee, former employee, or prospective employee may bring a private action to enforce this chapter for injunctive relief or the recovery of actual damages, or both. (*) In addition to the remedies described in paragraph (*), a prevailing employee, former employee, or prospective employee in an action based on a violation of this chapter shall be entitled to recover reasonable attorney’s fees and costs.
It seems you're dealing with the complexities of non-compete clauses across different states. To clarify, even if you file a lawsuit in New York, the software engineer might still challenge the enforceability in California due to Section *.*. Each state has different laws, so it's crucial to consider where the contract was signed and where the employee works.
Would you like information on New Jersey or New York laws regarding non-compete clauses to help understand your options better?