Hi,

I currently work for an IT company that specializes in providing IT services to Healthcare providers in a large city in North Carolina and have been employed by the company for 4 1/2 years. I would like to start my own IT company, providing similar services also to healthcare providers, but also to all other types of businesses. The company I currently work for has at present approximately 5 active customers. The owner has also not actively seeked out new business in the last 3 1/2 years, and has also turned down several potential clients due to their small size and also some for not being healthcare related.

Let me first start by saying that I understand completely the non-competition could allow for immediate termination if I conduct business while still employed, however, my question is (1) could he sue me for damages even if it isn't clients that he would choose not to do business with, or has never approached? and (2) with regards to the non-solicitation, if I were no longer employed with this company how enforceable is that? And how broad can the term 'Prospects' be? does this mean 'anyone' in healthcare or does it have to be someone that he has approached or in the process of beginning to conduct business with?


Non-Competition:

Candidate agrees that he shall not, as long as he or she is
employed by 'XYZ Company' ("company"), provide to, or on behalf
of any person, or entity other than the Company any goods or
services competitive with those provided by the company.

Non-solicitation:

Candidate agrees that for a period of one (1) year after
employment separation, regardless of the nature of termination, he
or she shall not solicit, call upon, contact, communicate or attempt
to communicate, with any clients, prospects, or vendors of the
Company for the purposes of selling, or in any way providing, goods
or services directly competitive with any goods or services sold,
provided, or under development by the company at any time within
two (2) years preceding the employment separation.


Thanks much in advance.