Hello,
You have brought up a great problem with the enforceability of non-compete clauses. However the most important thing here is the wording of the agreement. The wording will determine if it is enforceable or not.
The main purpose of those agreements is to prevent poaching. Poaching is where a one of the parties in the contract hires a participant from the other side.
In your situation the company has not given you hours, and is therefore preventing you from making a living. They can not argue that it is to their detriment to have you work for a competitor, when there is no benefit you are providing directly for the company, but indirectly by limiting the ability of the competition.
This is not enforceable, because of economic duress and frustration. You should get legal assitance to write a letter to your employer to notify them of the unenforecable nature of the agreement.
To get low cost legal aid assistance you can do one of the following.
1. Look to see if there are any Legal Aid Clinic in your area. You can check the yellow pages or call your local city or county hall.
2. Any law schools in your area may offer clinics and services for no cost. It is worth contacting them for their locations and times.
3. Your county may have its own bar association with low cost or community based (pro bono) services. Contact them for a referral.
4. You can also contact your local court clerk to for a referral to known programs in your area.
5. Many of the large law firms have a pro bono program. Call them and ask if they have a pro bono program and ask to speak with the coordinator of that program.
6. Contact your State Bar Association. Ask for a referral to any low cost or community services in your area for the issue.
7. Sometimes it is worth spending $250 for an hour of an experienced local attorney who can read your notes, and get the full picture before deicing how to move forward.
Remember to bring all your notes, contracts, names, and evidence you may have (emails, etc), to the lawyer in an organized chronological fashion. This will show you are prepared, and willing to help yourself. lawyers can read through and understand the details FAR quicker if things are organized. This will be a way for you to empower yourself to get results.
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Best of luck,
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