You risk getting sued. You should speak with a litigator. Litigation is costly and not fun, so suggest you consult an attorney.
Please note that this answer is not intended to serve as legal advice for any purpose. All legal advice rendered by Kurzon LLP is done pursuant to a validly executed engagement letter signed by a partner of the firm. Neither receipt of information presented on this site nor any email or other electronic communication sent to Kurzon LLP or its lawyers through this website will create an attorney-client relationship. As well, no such email or communication will be treated as confidential except as is required by law. No user of this website should act or refrain from acting on the basis of information on this site without seeking legal advice from counsel in the relevant jurisdiction. Kurzon LLP expressly disclaims liability with respect to actions taken or not taken based on the contents of this website. Under the New York Rules of Professional Conduct, Section 7.1, portions of this website may be considered attorney advertising. ============================================================================== IRS Circular 230 Disclosure: U.S. federal tax advice in the foregoing message from Kurzon LLP is not intended or written to be, and cannot be used, by any person for the purpose of avoiding tax penalties that may be imposed regarding the transactions or matters addressed. Some of that advice may have been written to support the promotion or marketing of the transactions or matters addressed within the meaning of IRS Circular 230, in which case you should seek advice based on your particular circumstances from an independent tax advisor. ==============================================================================
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.
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.
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.
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.