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You and/or your new employer would need to sue in court asking for declaratory relief from the terms of the non-compete. If your current employer is going to terminate you if it is not resolved very quickly you'd also want to seek a temporary injunction as part of the initial pleadings of the lawsuit to avoid eminent harm that would be caused in the interim between complaint and the court's final ruling in the matter, which may be a year or more away...so you would actually file the motion for temporary injunction ( a/k/a a temporary restraining order) right with the complaint. So you'd file a complaint for declaratory relief to have the non-compete ruled invalid, and you'd file the motion for temporary injunction right along with that complaint.
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