Joe meets with his new boss and makes a good impression on his prospective new employer. Joe did not tell his interviewers about his non-compete agreement initially. He informs them of the agreement when he accepts their offer. He also provides the new employer with information from his lawyer concerning why he is able to take the new job without violating the clause. The lesson here is to be prepared when you plan to change jobs and you have signed a non-compete.
Preparation is the best way to avoid litigation.