Been on both sides of this and this is what I thought about.

1) depends on the state how valid non-compete is 2) read the non-compete, how strong is the language written and if it's geographically constrained helps strengthen the non-compete. If it's super generic like most are (don't compete with any company that looks like us), then it's less enforceable. 3) If operator is going after specific customers they still serve to steal them, they may have clear damages, without it less likely 4) is the former company litigious? Do they like to sue people & have they sued people in the past? 5) how much of a threat is the operator to the former business? 6) have they made any threats to operator before or after employment, this would indicate their seriousness.

I'd do a quick consult with a employment lawyer in the state the non-compete was signed in and go from there.

Please reach out to my friend Christopher: redacted Be sure to tell him that I referred you. Warmly, Karen