NC non-compete scenarios

[japhy]

Hello,

For the past two years, I have been employed by a consulting firm which, during my time therein, it has become readily apparent -- and made known to me -- that it is ferociously defensive of its contractors versus "cherrypicking" by clients, former clients, or competing firms. Indeed, the Firm has been known to sue said former employees and clients for violating the terms of non-compete and non-hire clauses in contracts.

Having said this, I recently gave notice to my firm, and want to defend myself against anything they throw at me. Basically, I am pretty sure that I am safe, and that anything they say would be little more than intimidation, but I want to make sure all my bases are covered, all the edge cases are clear.

So meanwhile, I am currently trying to find my copy of the NCA that I signed, but in the meantime I know that, generally speaking, many NCAs try to prohibit
1) Hire by a competitor
2) Hire by a non-competitor in a related field (such as a client/former client)
Generally speaking, as far as I know, in order for subclause #2 to be enforced, said (former) employee has to have had a professional relationship, through the Firm, with the client/former client. Please let me know if I am wrong about this, or whether the inverse would even be enforceable.

So let's check scenario A: I join a non-competing company, performing a role which is not in the same capacity as with the original Firm, and wherein the new company has never had a business relationship with the original Firm.

As far as I can tell, I should be safe there. Now let's throw a spanner in the works:

Scenario B: I join a non-competing company, performing a role which is not in the same capacity as with the original firm but whom, unbeknownst to me, has had a customer relationship with the Firm ("customer" meaning a one-time purchaser of goods/services versus a "client", or ongoing business recipient with a contracted service agreement). This said, I was never a part of said customer transaction and played no role therein.

Would I be safe in this hypothetical as well? What if it were a client, versus a customer? Both of those are pretty far out there and I view them as unlikely but again, I want to make sure I am-well prepared.


Thank you all in advance.

[Pattymd]

I hope that no one here would deal with hypothetical noncompetes. Such agreements are very state- and case-specific and the devil is always in the details. Only an attorney who has read the document in its entirety can give you any reliable advice.