问了5个便宜律师，简直众说纷纭，3位认为搬到加州也不能阻止NY enforce non-compete, 2位认为搬到加州可以让non-compete作废，不知道该相信谁了。
便宜律师 1: 支持non-compete作废
If you move to California, the non-compete would be invalidated under state law. The clause appears unreasonable because it effectively bars you from working for any competitor anywhere in the U.S. California law voids and prohibits enforcement of non-compete agreements for employees who live or work in the state, regardless of where or when the agreement was signed. The statute explicitly states that any contract invalid under California’s non-compete ban is unenforceable in California, even if it was executed out of state and governed by another state’s law. This policy was further strengthened in 2024 through amendments to California’s Business and Professions Code, which not only render such agreements void for California employees but also provide legal remedies if former employers attempt to enforce them.
便宜律师 2: 支持non-compete作废
As long as you live and work in California, New York courts generally lack jurisdiction. This is both for common law reasons - courts typically don’t exercise jurisdiction over individuals residing in another state - and because the relevant conduct (your work) would occur in California. The state provides both in personam (personal) and in rem (related to actions within the state) jurisdiction. California has also enacted laws preventing employers from suing employees in other states to enforce non-competes if the employee is working in California. That said, there is always some level of risk. Unless your employer explicitly confirms they will not sue, there’s no absolute guarantee. While California law should offer strong protection, if you are uncomfortable with even a residual risk, pursuing employment with a competitor may not be advisable.
便宜律师 3: 支持non-compete继续有效
The agreement is indeed very broad, which could make it unenforceable. However, New York courts often apply the “blue pencil” rule, allowing them to modify overly broad covenants rather than voiding them entirely. Relocating to California doesn’t automatically nullify the contract if the agreement includes a New York choice-of-law clause. If you consented to New York jurisdiction in the contract, your employer could still attempt to sue you in New York. The outcome would hinge on how the courts resolve the tension between California’s employee-protection laws and New York’s contractual enforcement. It’s not as straightforward as California law simply overriding everything. To strengthen your position, consider discussing with your prospective employer the scope of overlap between your new role and your current one. If the overlap is minimal, it may weigh against enforcement. Moving to California before accepting the new offer can further reinforce your California ties, though it won’t eliminate the possibility of your current employer attempting to enforce the agreement.
便宜律师 4: 支持non-compete继续有效
A New York non-compete may still be enforceable even if you relocate to California, particularly if the contract includes a consent-to-jurisdiction clause favoring New York courts. While California generally refuses to enforce non-competes, a New York court could still uphold the agreement because it was signed in New York and governed by New York law.
便宜律师 5: 支持non-compete继续有效
If your question is whether a non-compete signed in New York remains valid if you move to California but remotely conduct business in New York, the short answer is “probably,” though it depends on the specifics of your contract and whether your new role involves the 20% overlap you mentioned. If a New York court upholds the non-compete, that judgment can be domesticated in California, meaning California courts would have to honor it. The enforceability will ultimately depend on the contract terms and the nature of your new job.
Update: 找了个贵律师，他开的律所加州纽约都有office，经常做这种跨州起诉，收了$750半小时的天价咨询费，结论是除非是搬到加州后在老公司起诉之前抢先一步先起诉老公司，掌握主动权把法庭选在加州，否则如果老公司先起诉了搬不搬到加州都没用，案件都会在NY审理，NY的审理结果CA基本上必须遵从。
