Using a throwaway bc my boss knows my main. When I joined my current company (Texas based) I signed a 2-year non-compete. Now I want to leave and start something in the same space. They're threatening legal action if I do.
I know California doesn't enforce non-competes but I'm in Texas. Am I stuck?
real question: how would they even know? if you're starting something new with a different company name in a slightly different niche, what are they going to do? monitor your LinkedIn forever?
pro tip: when you leave, ask for a written release from the non-compete as part of your exit. some companies will give it just to avoid future headaches. never hurts to ask.
California courts generally won't enforce non-competes regardless of which state's law the contract specifies. CA Business & Professions Code 16600 voids them as a matter of public policy.
That said, your former employer could still try to sue you in Texas and enforce a Texas judgment. The calculus changes if you have no assets in Texas. Consult an attorney who knows both states.