There's no penalty for drawing up a non-enforceable non-compete to create a chilling effect on the job market.

If a company goes after an individual, they have to pay for lawyer fees to fight it on top of being unable to take up the competing offer. It's a huge burden.

If individuals were awarded massive payouts for companies trying to enforce non-competes that arent enforceable under state law, you'll see this behavior change quick.