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You risk getting sued. You should speak with a litigator. Litigation is costly and not fun, so suggest you consult an attorney.
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2 lawyers agree
Real Estate Attorney
If you break a non-compete agreement you could be sued. Consult with a business litigationn attorney to see if the agreement is enforceable. If it is overly broad it may not be enforceable.
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3 lawyers agree
Contracts / Agreements Lawyer
As my colleagues stated you could be sued. No one can tell you what will happen because there are so many factors many of which have been mentioned already. Is it enforceable? Will your former employer know about you breaking the agreement? Will your actions have an impact on your former employer? Did you get a severance as a condition of entering into the non-compete? You know the facts and you know your former employer so if you really need assistance you should consult an attorney and present all the facts.
Personal Injury Lawyer
My colleagues are correct. See a local attorney to determine whether you would be breaching the non-compete at all. And be careful - some of these agreements provide that you will pay the company's legal fees if they prevail in a lawsuit to enforce the agreement against you.
The author of this posting is licensed to practice law in the State of New York. He specializes in litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.
I am not licensed to practice in New York, nor should this be taken as legal advice, however you did not say what industry you work in. If you're in the broadcast industry, you may be ok by state law, however you would have to meet the specific conditions of the law. There may be exceptions for other industries that I don't know about. I, too, advise that you consult with a lawyer in New York who knows employment law.
Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.