Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.
Even in the absence of a written non compete, there are certain duties, based in agency law, which an employee owes to their employer.
One of the most basic of the duties is the duty of loyalty. In other words, an employee may not use their work time for an employer to operate or set up a competing business. An employee doing so has breached the common law duty of loyalty and can be sued for actual damages, including ALL wages
they were paid by the employer.
This is complex litigation and should not be attempted without competent litigation counsel. If you need help finding local counsel try Martindale Hubble. Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
It is a huge worldwide database searchable by location and specialty.
I hope this is helpful to you. If you have follow up questions feel free to ask. It is never a problem.