Will Non-Compete Hold Up In Court?

What is the name of your state? NY

I was forced by my employer to sign a non-compete that states I basically can't steal any of their clients if I were to leave them. It states that the non-compete is in effect for a year.

My questions is this: if I leave and refer my clients to another company, can I be sued? I mean doesn't free enterprise come into play here? And what if the clients want to come with me because I've serviced their accounts very well? Don't they have the right to work with whomever they want to? Is there a way out of the non-compete. We were told if we didn't sign it, our jobs would be terminated. Can I claim duress (sp?)

Maybe...

Non-competes are a difficult subject. It usually comes down to a.) do they really care that you left and b.) who has the better lawyers.

If they don't care, they probably won't come after you. On the other hand, they probably have better lawyers than you can afford.

As for whether or not the contract is actually enforceable, it depends on state law (usually) and depends on what, if anything, they gave you for signing it in the first place. If the contract is between you and them, as opposed to between them and the customer, you can take a chance on working for the client. The company may decide it isn't worth upsetting the client. On the other hand, if the client knows there's a non-compete, they may not wish to work with you.

No easy answers, I'm afraid...

Several issues: (1) "forced" to sign. this may be a way out. (2) usually, the non-compete means you can't take them, solicit them or send them to others; however, clients are free to follow you (generally). (3) litigation considerations.