Employment Law Questions? Ask an Employment Lawyer.
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Generally it is prudent to address the issue in advance by retaining a local attorney to draft a letter advising why the non-compete is unenforceable and advising that you are comitted to fighting any claim for breach of contract in court. The best case scenario is that the letter convinces your former employer not to pursue litigation, and the worst case scenario is that they pursue the litigation anyway. The latter scenario would be the result even if you didn't send the letter, so there is really no downside.
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