[MRM]

The new employer doesn't know the employee has a non-compete until the old emplyer tells them. The old employer can and will follow the employe and will tell the new or potential employer about the non-compete. If the employee is already hired when the old employer finds out about it, they will threaten to sue the new employer if they don't fire the employee. I know it happens and I know how it works because I've seen it done. Not telling an employer about a non-compete is a firing offence.

It is a rare company that won't jetison an applicant or new employee when an old employer asserts a non-compete whether it was worth the paper it was written on or not. They don't care whether they'll win the fight or not, they don't want the litigation. The non-compete doesn't have to be enforcable to keep you out of work. You need one that is written by an expert that gives you the protection you need.