Direct answer
Damages follow trade-secret proof: lost customers, confidential lists, pricing, code. Your general skills stay yours (ftc.gov). The injunction clock runs weeks; your start date in the new employer's offer is the pressure point (see the acceptance scripts ). Non-solicit lines are in the mobility guide .
Updated November 9, 2026 · Reviewed against US FTC — competition policy
An injunction is the fast weapon in non-compete fights: a court order freezes your start date while the case runs. The response set decides whether your new role survives.
The Injunction Pattern
- TRO first: the ex-employer files for a temporary restraining order, usually in commercial court, days after learning your move. The hearing needs your scope, geography, and timeline facts on paper.
- Bond & balance: injunctions often require a bond; courts balance harm to the employer vs the public, and enforceability is narrow for overbroad clauses (see the state map).
- Blue-pencil: many courts rewrite clauses to reasonable scope; some void overbroad ones, which kills the injunction basis.
- Carve-out first: a signed consent from the ex-employer before your start date is the cheapest remedy — the settlement menu lives in the settlement guide.
Damage Paths
Damages follow trade-secret proof: lost customers, confidential lists, pricing, code. Your general skills stay yours (ftc.gov). The injunction clock runs weeks; your start date in the new employer's offer is the pressure point (see the acceptance scripts). Non-solicit lines are in the mobility guide.
Put the rule into action
Write the letter with the free Non-Compete Disclosure Letter generator. The state pages carry the local payout and notice windows, and the application tracker keeps the follow-up date in writing.
The first days after a demand or a restraining order
An injunction is the fast weapon: it freezes a start date while the case runs, so your first moves are procedural, not rhetorical. Do five things in order.
- Read the order, not the letter. An order states the prohibited scope, the geography, the duration, the hearing date, and the bond. Those words bind you; the demand letter does not.
- Preserve everything. Stop deleting, stop wiping devices, and say so in writing to whoever handled your exit.
- Tell the new employer in writing what the order says and what it does not say, using the non-compete disclosure letter.
- Get counsel an organized file: the agreement you signed, the state named in it, your actual duties, the client or account list you touched, and dates.
- Calendar the hearing date and the response deadline in the application tracker, next to the start date.
Do not start the new role if an order bars it. A violation converts a narrow dispute into a contempt problem, and the fastest way to lose leverage is to be seen ignoring a court.
What a court weighs, and the three remedy shapes
Injunctive relief is usually decided on four factors: the likelihood of success on the merits, whether the employer suffers harm a money award cannot fix, the balance of hardship, and the public interest. Three shapes follow:
- Temporary restraint: short-term freeze, often issued quickly, with a hearing scheduled soon.
- Preliminary injunction: runs through the case, with a bond often required from the employer.
- Final judgment and damages: money, which requires proof of actual loss, such as a diverted customer or proven misuse of confidential information.
Two doctrines decide most outcomes. Courts in many states narrow overbroad clauses rather than enforce them, and some states void them entirely, which can remove the basis for an injunction. Also check the statutory conditions where they exist: advance notice, income thresholds, and pay during the restriction period. Confirm the rule for the state named in the clause on the state map and read the non-compete entry.
Protecting the start date while the case runs
The start date is the pressure point, so handle it explicitly rather than hoping:
- Ask for a written scope consent naming what you will not touch and what you may. It costs the former employer little and removes the injunction basis.
- Offer an interim agreement: a defined exclusion list, a shorter duration, and a reporting obligation instead of a freeze.
- Change the placement, not the job. A different client set, product line, or function can defeat the claim without costing you the offer.
- Move the start date with terms held: confirm in writing that base, title, and equity terms survive the delay.
- Ask the new employer in writing whether they fund defense and cover loss if the clause fires, and who selects counsel.
Keep every version of the offer letter, the consent, and the order in one dated file. Damages claims require proof of misuse, so your strongest fact is usually the boring one: you never used the information, and the records show it.
| Remedy | How fast it moves | What it costs you | What limits it |
|---|
| Temporary restraint | Days, with a hearing set quickly | A frozen start date | Narrow scope findings and an overbroad clause |
|---|
| Preliminary injunction | Weeks, often with a bond | Months of delay plus defense cost | Balance of hardship and public interest |
|---|
| Damages at judgment | Months to years | Money, if loss is proven | Proof of actual loss and of misuse |
|---|
For the current text behind these numbers, start with the California job exit rules page and the New York job exit rules page, along with the Release of Claims definition and the hiring references non competes guide hub. Those sources state the rule in full; this page only points at them.
\n
Frequently Asked Questions
- Can a court stop my new job before a trial?
- Yes. Emergency relief can freeze a start date within days, and a preliminary injunction can run through the case with a bond. Because speed is the weapon, settle scope in writing before a start date is promised, and read the order itself, not the demand letter.
- What does the employer have to prove for an injunction?
- Typically a protectable interest, a reasonable clause in time, geography, and scope, and harm money cannot fix. General skills and public knowledge are not protectable, and some states void or narrow overbroad clauses outright.
- Should I start the new role while a case is pending?
- Not if an order bars it. Violating an order turns a narrow dispute into a contempt problem. Ask instead for a written scope consent, a changed placement, or a delayed start with the offer terms confirmed in writing.
- Does an injunction case show up in background checks?
- Court filings are public, and some checkers read dockets. A negotiated consent or a dismissed case reads far better than an adverse order, so prioritize a written scope settlement and keep non-disparagement language mutual.
Sources (official record — verify before filing)
US FTC — competition policy