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It is an agreement between the two parties whereby one party promises to refrain from competing with that of another party business.
a) It must supported by consideration at the time it is signed; b) It should protect a legitimate business interest of the employer; and c) It should be reasonable in scope, geography, and time.
Most courts will simply invalidate the parts in the non-compete agreement that are illegal and enforce the other provisions of the contract. Generally, it is enforceable in that case where contracting parties at the same footing. For instance, a co-founder of a startup who signed a non-compete clause can be held to it, but if a employee signs a non-compete clause with the employer the same may not be enforceable.
You can file a lawsuit enforce the agreement for an injunction (i.e. decree to the court to refrain you from violating the agreement) or money damages.
Generally, yes. These agreements are generally assignable, i.e. freely transferable.
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