Lets say someone has a non compete for a year. During the year the employee competes. The employer sends a letter to the employee saying that they know he is competeing.

After that however the employer doesn't do anything. They then see that the employee is becoming a bigger competeor and tries to sue him a year after the non compete has expired.

Does the employer have any ground for injunction at this point because they waited ? With the non compete be reactvated at this point fwd , for the the amount of time he competed?

Does anyone have any documentation on this ?

Every state has different statutes of limitations for this. I would suggest that the party speak with an attorney to discuss the legal options. An attorney can be located through the attorney locator on Lawinfo's home page at http://www.lawinfo.com/. Some do offer free consultations.

If the employer remains for six months after the employee leaves and starts competing, the courts may say the employer gave up the right to enforce the covenant. If the employer breaks the employment agreement in a way that goes to the heart of the relationship with the employee, and to the heart of the reason for the covenant, then the courts may decide the employer gave up the right to enforce the covenant.

The first thing to remember is that the non-compete agreement is between the employee and her ex-employer. The new employer is not part of the agreement, and not bound by it. This provides the basis for the new employer's first option.

Ex-employers, seeking to enforce non-competes against ex-employees, often sue not only the ex-employee but also the new employer. There is "legal" justification for this move -- because the ex-employer will
typically want an injunction against the ex-employee, the court may have to have the new employer involved to enforce any injunction it might issue. But, more often than not, the ex-employer brings in the new employer into the lawsuit because the new employer's reaction is typically to fire the employee. Because the new employer is not part of the non-compete agreement, this action automatically eliminates any reason for the ex-employer bringing the new employer into court.

The white collar employers are protected by non-compete law from competition. It doesn't mean that your professional career came to an end. The law varies state to state.