How are NDA agreements/non-compete agreements enforced?

Question Details: I have an employee who is being harassed by a former employer over a non-compete agreement that he signed 9 years ago. This agreement was never full execute and since then the company sold to a new owner. They will not produce the executed copy of the non-compete or any business sale information that shows the legal transfer of this document to the new owner. This employee does not have the resources to constantly defend. The former employer's attorney has stated that the original owner will testify that the agreement was signed and that it would stand up in court regardless of the fact that they cannot produce the document. Is this true? or is it true that if there is no executed document that there is no agreement?

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