You know what a scape goat is?
Sadly, most of our non-compete litigation cases arise when an employer wants to make an example, and someone becomes the non-compete scapegoat.
Employers aggresively pursue breach of contract action against the employee, seeking emergency injunction.
Will they win? Maybe, probably not. But that is not really the point and not really the goal. The goal is to scare everyone else into submission.
Afterall, will you quit your job when your old colleague is buried in litigation costs?
I tell prospective clients all the time “I know the court may hold your non-compete is unenforceable…. but in the meantime, you will have all of these other allegations to defend in Court, discovery to undergo etc. Even if your employer loses, they haven’t really lost if they have made an example to all the other employees as to what happens when you breach your non-compete.”
Is that fair? No. is it the truth? Yes.