Consultant legal filter: Over-broad non-compete + me jumping to a client firm + angry former boss = well, what exactly?
I'm this guy from DC
who was given a very bad contract. Now I'm getting out but I'm concerned about my legal rights.
I worked for this consulting firm for the last few weeks while I tried to line up other work. There is a client firm, government agency, that I had done some support work for and they approached me to come on as a full time employee doing some of the same work, but also much more outside the current support contract which ended in July. Now that they have me they've decided to end the contract Monday.
Well I jumped because it's a great opportunity but now I've been threatened with legal action. I did sign an NDA, but the restrictions are very broad and I've gotten legal advice that no court will uphold it. the full text of the section which was buried in another paragraph is:
In addition, second party agrees it will not directly or indirectly attempt to appropriate or otherwise take for its benefit the business opportunity of the company as it relates to the business of the company.
Now the former boss is pissed and said if I go forward to expect legal papers. The legal team at the firm said they're protected (the firm) and that if he went after me personally this agreement would never stand up in court. But I know people can sue for any reason, even poor ones.
Given the situation, and knowing YANML, TINLA, What steps should I take to protect myself now? Only talk in email or something? Is it time to lawyer up or wait until I get served which may never happen?
Thanks to all of you, again.