The problem with non-competes is really not their enforceability, but more so the fact that you have to defend yourself if you get sued. Most non-competes are not valid for numerous reasons, with the most prevelent being that if the former employer is not paying you, then they cant enforce it and prohibit you from working. Secondly, the stipulations are way too broad and basically would prohibit you from earning a living if it were valid. So, is the real concern that the non-compete will be binding? Not really. The concern is if your prior employer is on an ego trip and has the funds to blow, he'll sue you and it'll cost you AT LEAST $15K-20K in legal fees to defend it and win.