One question we always ask our clients is whether their employers have consistently enforced the non-compete agreement. In other words, have other employees left the company, after signing the same non-compete, and nothing happened when they directly competed with their prior employer?
This is an important question as the answer may allow you to avoid the employer’s attempt to enforce the non-compete against you! Here is why. How can the employer take the position that the non-compete is necessary to protect “confidential” information or secrets yet allow such secrets and information to walk out the door with other departing employees and the company never even attempts to enforce the non-compete? The failure to consistently enforce the non-compete sure makes it look like the agreement is not necessary to protect the employer’s legitimate interests.