This is why like California, and one of the reasons the tech industry is out her (rather than, say, Boston). Non competes for ordinary workers are not enforceable. As long as he doesn't give his new company specific information, you are good. The skills you learned are yours. Around Route 128 (Boston), they sued people who switched jobs, people stopped, companies lost cross fertilization, and silicon valley cleaned their clocks. DEC, Wang, Prime, etc.