puffytstogie wrote:I know it happens, that is why I asked the question. This was not a case of the employee leaving to start his own little company competing against his former employer. I was wondering if his chances are better because of what happened?
May depend if he had an employment contract or was an employee at will. If he was fired without cause, I would tend to think so.
Remember, legal action to enforce the non-compete is usually
not for damages. It is an action in "Equity".
Equitable actions not only concern the contents of the written non-compete, but also the general concept of fairness, which ideally should be a major reason for whatever the court decides.
Now, if there is a "reasonable" liquidated damages clause associated with the non-compete, the employee probably has less of a chance of prevailing and the employer could get an order enjoin the employee and a monetary award for breach of contract.
Notwithstanding all of this, remember that each state's laws are different and each case is different (as is each judge).