Consumer Law, Warranties Enforcable Non-Compete Agreement?

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sassamo

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Hello, a few years ago I signed an agreement to gain employment at my current job. Since then it has seemed very restrictive in being able to better my employment. Anytime an opportunity is mentioned, it is stated by my boss that I can't take it because of the agreement. The agreement is as follows:

I, ______________, hereby state that I will not work for any other Medical Informatics Company for a period of five years after my departure from ______________. I will not release any technical information, software information, or any other confidential information during my term at ________________ or after my term at ____________________ is over. I have completely read the above information and fully understand all the details.

The broad job field and long duration seem more like a way to be forced to stay here, rather than to protect my employers interests. I am currently looking at a position that is in the medical field, and is technologically based, but is a completely different job description than my current one, and is even in a different medical field, so there would be no effect to my employer other than the loss of my abilities, but I know if I'm accepted and I tell my boss, he will try to hold this agreement against me.

I've heard that certain items such as lack of geographical location and excessive duration would not hold up, but does that cancel out the whole agreement? If not, how well would my claim that the new job position, even the new company as a whole, poses no business threat to the current company hold up in court?
 
Since the enforceability of non-competes is state as well as situation specific, to get a definite answer you will have to show it to an attorney in your state.
 
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