I'm a software developer under a non-compete from a company from which I've already resigned. The terms prevent me from working for a competitor and from encouraging clients to dis-engage from the company.
One of the clients already dis-engaged from the company (which was nothing to do me), then called me up and asked if I'd be happy to build them their own software. There would be common elements to the last piece of software I built but it would be built from scratch in a different programming language and they wouldn't sell it on - just use it within their business.
I don't think this clashes with any of the terms of my non-compete because they're not a competitor and I didn't encourage them to break with my previous company.
A representative from my previous company has said that they will warn my potential future employer of the risks that they face by employing me.
Is this all just scare tactics or do they have a point?
Edit: The nature of the non-compete seems quite clear:
- don't share the company's IP (including software)
- don't work (under any guise) for a competitor
- don't encourage clients to leave
There is no mention of not working for clients.