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A non-compete agreement is not voided if you resign or are fired. If you violate an enforceable non-compete, you could be sued for any actual losses suffered by your ex-employer. In limited situations, a court could even order that you cease any type of activity that is contrary to the clause.
Show Termination without Cause The courts do not always rule consistently on this point, but if you are part of a mass layoff or have been terminated from employment and yet did nothing wrong, any non-compete agreement you signed may be considered null and void.
Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
The simple answer is that if you violate a non-compete agreement that is legally valid and enforceable under state law you may end up having to pay money to your former employer. In addition, the employer can also file a lawsuit against you for both money damages and an injunction.
A noncompete agreement can't last forever. To be enforceable in most states, the agreement must be reasonable. The amount of time considered to be “reasonable” depends on the state. In general though, noncompete agreements that last longer than two or three years might not be enforced by a court.
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
The simple answer is that if you violate a non-compete agreement that is legally valid and enforceable under state law you may end up having to pay money to your former employer. In addition, the employer can also file a lawsuit against you for both money damages and an injunction.
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