Isn't this the problem, why should it be down to you to challenge. If it's illegal why doesn't the government investigate and take the company to court?

If you get stabbed don't the police arrest the person and, the state try and convict them? They don't leave it to the victim to mount a case, surely?

A proper legal system would provide sufficient reward to make it always worthwhile to challenge companies _clearly_ abusing their power in that way.

In some cases of injury, especially involving corporations, the criminal justice system does let civil court system take the lead with wrongful death lawsuits and the like.

And even criminal trials end up in plea bargain settlements. The trial and deliberation isn't necessarily expected.

I was desperate for work and signed a non-compete for a security guard job, one of the easiest jobs to get. If I got a job at a competitor within N miles I would have had to pay $Xtimes1000 to my current employer.

Sheesh.

Presumably you'd just not pay, and the non-compete, being illegal, would never make it to court?

No way it makes it to court. Not to mention, what damages would they claim? Punitive damages for an employee leaving aren't a thing.

Doesn't have to make it to court for them to strongarm you into a settlement. The threat of a lawsuit is enough for many to agree on a settlement just so it doesn't go to court, even if you'd likely win as a defendant. Lawyers are expensive and so is the appeals process.

Exactly. As the cops say, you may beat the rap, but you can't beat the ride. In a court it costs money to win or to lose. If you fight, they can afford to fight more than you can.

> Doesn't have to make it to court for them to strongarm you into a settlement.

And what would they threaten you with? Bring that lawsuit before a judge and they'd laugh you out of the building.

They'd probably have their corporate lawyer write a mean sounding letter, you'd ignore, no way anything happens beyond that.

The nasty letter and threat of a lawsuit are the threats. You have to remember that for many Americans, a lawsuit means bankruptcy and that in most states non-compete agreements are lawful.