How seriously do consulting firms take their non-compete agreements? I’ve been at my firm (LS boutique) for 3 months and want to leave. I have an appealing offer from a big pharma which is also a client of my firm. The non-compete agreement that I had signed said I should not accept an offer with a client, a potential client, or a competing consulting firm for 12 months after departure. But I don’t know how that makes sense since so many consultants exit to industry/competitors. Thoughts?

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Depends on the firm…I can think of at least one LS boutique that has a strong history of being vindictive and litigious

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One was going to leave for CV in MA. The other left for another consulting firm. They were in MA at one point, but can’t remember if they were at the time they left. In both cases was threatened and a prolonged legal process.

That’s a pretty whacky non-compete considering that those are pretty much the main paths that people take post-consulting haha

Also keep in mind that if you’re in Massachusetts, these are not enforceable.

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I’m no lawyer, but I believe a company can still threaten to sue you and make you have to defend yourself (i.e., hire and pay a lawyer) even if the case is unenforceable

really depends, sometimes if it is a client that brings in money / potential new client they may not enforce or try to enforce the non compete

How would a non compete apply there? One wouldn’t be going to a competitor. It really would only apply if moving to another LS consultancy.

I mean…YOU signed the non-compete, not like they put a gun to your head right? Depends on if the firm actually cares to enforce it. If they do, not sure what your defense is for getting out of an agreement you willingly signed as an adult.

Because there is a clear imbalance of power and financial resources in that dynamic. That’s the reason non-competes and being outlawed now

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You are going to have to get a Labor Law Attorney.

Not from a law point of view but, if you don't tell your colleagues/anyone from your firm where you're going and don't update your LinkedIn...they would most likely not find out

If you live under a rock…LS consulting is not that big of an industry and people def talk

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