“That is a false premise (bolded). Non-competes are never for involuntary separation (layoffs). Only for voluntary separation.”
Up until this ruling the state of Texas allowed noncompete agreements (NCA) even if an employee was terminated.
https://bergplummer.com/blog/non-competes/what-happens/
“Non-competes are still valid even if you’re fired from your job. The agreement is more focused on what happens after you leave an employer, regardless of the circumstances, so it still applies. Whether you were let go for legally invalid reasons is another matter, such as if you were discriminated against or retaliated against.”
California has made non-competes unenforceable for decades. Silicon Valley would not have blossomed, if they had been enforceable. BTW, Do You know that Fast Food Joints have non-competes that their minimum wage workers have to sign so they can no longer work at any other fast food joint for years after being terminated? Non-competes are modern day slavery by the corporations. YMMV. IMHO.