The first step to ensuring you can enforce a non-compete is making sure it is enforceable in your state. Some states like California don’t allow non-competes at all, while other states have strict rules regarding timelines and broadness. For a comprehensive list, check out this link which includes an interactive map from the economic innovation group.

Oftentimes, a simple cease-and-desist letter is enough to remind the offending party of their legal obligations and warn them of potential legal action if they refuse to comply.

Businesses can agree to settle out of court by reaching a compromise with the former employee or their new employer.

If you can’t reach a settlement out of court you can file a lawsuit seeking an injunction or damages, to recover losses. 

Alternatively, you can go after the new employer. If the other company knowingly hired someone under a non-compete, you could potentially sue them for interference with the contract.