3 ms·

No, because you signed the contract in another state. They can still sue you there in the majority of cases.

• jonathankoren 8y ago
  Interstate noncompetes are unenforceable in California. See Application Group, Inc. v. Hunter Group, Inc (1988). Also, one could argue that enforcing a noncompete nationally, would be regulating interstate commerce, and thus the pervue of the federal government. There is no federal noncompete law. https://en.wikipedia.org/wiki/Non-compete_clause https://en.wikipedia.org/wiki/Non-compete_clause
  • redtexture 8y ago
    Could it only take a filing in federal court, in the state where the NDA specifies which state's laws shall considered, to bring the former employee into the local regime of the NDA, under a diversity of jurisdictions process?
    • jonathankoren 8y ago
      No. It's against the public policy of the State of California for a noncompete to be valid, and so the contract is invalid. There's a compelling state interest not to enforce contracts that harm their residents. California has decided that more harm is done by enforcing such a contract than not. But yeah, I'm sure you can find lots of lawyers to file as many motions as you want as long as your checks cash, but in the end you're going to have to decide that this is really worth it, especially since there's a very real possibility that you'd end up going up against the State of California.