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What geographic scope does your non-compete agreement cover? How long is the duration and when did your employment with this employer end? I very much look forward to helping you on this matter.
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In Texas and Nevada non-compete agreements may be enforced by the employer so long as they are reasonable with regard to time and geographical area, and protect a legitimate business interest. Generally, restrictions of up to two years and covering areas where the employer actually does business will be considered reasonable by a court. So, I'm afraid to say that a non-compete with the terms that your describe would very likely be enforceable.
The fact that they are not choosing the enforce the non-compete against everyone would not prevent them from enforcing it against you, though it certainly does suggest that if push came to shove they would probably not be willing to invest money on attorney fees and court costs to actually sue you for breach of contract. Then you also have to consider whether they would even find out if you took a job with a competitor. Obviously, they can't sue you over something they do not know has happened.
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