Appellate Practice Attorney serving New York, NY
I take it that you would like to leave your current employer and do something that would violate the terms of the non-compete. You can sue for a declaratory judgment that the non-compete is unenforceable (not only becauew of forgery, but many non-comp;etes are deemed unenforceable as overbroad and against public policy), or you can do what you plan to do and wait for your current employer to sue you, then defend the claim. The first is less risky, but it forces you to spend money that you may not have to spend, because if you just go ahead and do what you want you may never be sued. If you do decide to go ahead without any court involvement, you need to let your new employer know about your current employer's claim that you signed a non-compete. As for filing charges, the forgery may violate some criminal statute, but I doubt that any prosecutor would bring the case, although you have nothing to lose by trying. If you can convince the prosecutor to proceed, it might save you the costs of haivng to start a civil suit yourself..
Answered on Jul 10th, 2020 at 12:48 PM