[Don Plumley]

"a notary that explains the document to you, before you sign"

Minor point Rob - in the US a Notary does not do anything but certify that the person signing the document has proof of identification that they are in fact, that person. They don't read the documents, they don't explain them - they just witness the signature.

Here's the ultimate practical consideration. Let's assume that you are right on "signing under duress" or your second point. You will need a lawsuit and probably a trial to prove that point. The reality is you or your new employer will need to be willing to foot the bill to file the suit to find that the non-compete was not enforceable. If I were a hiring employer, this new employee would have to be a real superstar to warrant that potential expense. Which in the financial services industries they are, so they do get litigated. But for average sales guys, not usually.

What's dangerous about this situation for Rick, given your advice, is for him to seek employment with a competitor without knowing the terms of the non-compete, but simply assuming it is unenforceable. His former employer files suit against Rick and his new employer, and his new employer cans him for not disclosing this agreement. Sure, in the long run Rick could win the lawsuit, but he'd be out of work in the interim leaving practical matters such as food and shelter hostage to principle.

dp