[MRM]

The law of non-competes is very complex. They can be enforcable under the right circumstances if they are drafted correctly and supported by adequate consideration. The non-compete will be drafted by a lawyer who's job it is to protect the company at your expense. You will be extremely foolish not to retain your own lawyer - an employment lawyer who has special expertise in the area of non-competes.

The problem with signing a non-compete goes beyond whether it is enforcable. The only way you find out whether it is enforcable is to go through litigation and get a court order on it. In the mean time the (former) employer will be able to keep you from getting work simply by informing every potential employer you are talking to that you are the subject of a non-compete with them and that they intend to enforce it.

The threat of another employer asserting a non-compete against you, whether it is enforcable or not, will be enough to keep you out of work until the agreement expires.

On the other hand, a well drafted and fair non-compete provides protections for both you and the employer, and reflects that you are a valuable member of the company who is trusted with unique knowledge that is vital to the success of the company. The trick is to negotiate a non-compete that protects your interests as well as the company's. You need a lawyer for that.