I currently work, at company A. I interviewed with company B a couple of months ago for a position that will be coming open shortly.

My boss who hired me at company A just recently left and actually went to work for company B (this was after my initial interview or before I knew she was interviewing there).

Now that she is working there, she thinks her noncompete from company A may get in the way of me being able to get the job at company B.

Does anyone have any insight to this? Any help would be appreciated!

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    Strange. Her non-compete is between her and company A. If you have a non-compete then it is between you and company A. She may have a non-recruit clause but if you did not even know she was working there then she could not have recruited you. She probable just wants to stay out of danger. – paparazzo Apr 29 '16 at 17:48

She thinks her noncompete from company A may get in the way of me being able to get the job at company B

Often that means that she cannot recruit folks from company A to come and work with her.

I've had this sort of contract before. Honestly, it's not really much of a barrier. If she suggests that you send your resume to someone else at company B and then company B hires you, she won't have recruited you directly. That's what I've done several times, and it has never been a problem for me.

On the other hand if she is saying "I can't hire you because of my non-compete agreement", it means one of two things. Either she has a far stronger agreement in her prior contract that I've ever had, or she doesn't really want to hire you for some reason.

If she is a good friend, you might be able to discuss it with her and find out the real reason. If she isn't a good personal friend, you may not know for sure.

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You need to talk to a lawyer about your contract.

Her non-compete contract may not affect you, as you were unaware that she was moving to the same company - and there will be HR evidence to prove that you were interviewed before she started, so she should be clear on any poaching agreements. But don't take my word for it - spend some cash on a chat with an employment attorney.

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Was that manager involved in your hiring? Has anyone from your company A been in the company B interview loop? Is there any communication in your company A email or IM or your social networking that could demonstrate someone from company A enticing you to company B or encouraging you generally to leave company A?

Someone else leaving A for B, if none of the above is true should not prevent you from moving to B.

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