I agree with Atty. Horan that your NDA will not prohibit you from accepting new employment. Wikipedia provides an excellent definition of an NDA ...stating "A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.
Turning back to your set of facts let me state, as well, that many of my "enlightened" management clients, armed with an well-drafted NDA take the approach that if any of their employees wish to leave and go to work for a competing business entity ...good luck to you. Just leave all of the confidential, proprietary information, including the customer lists and prospect lists behind. Because we regularly represent both employers and individuals, I always get to ask my individual clients if they can be successful with the new employer without violating the terms of the NDA. As for your new employer, their concern is to not be seen to have tortiously interferred in the contractual relationship between you and your former employer. Stated another way, there are few employers who will undertake the defense of such an action for a "new hire" absent their beiief that there is (1) enough money at state to make the funding of their defense worthwhile, and (2) there exists a resonable liklihood of success on the merits. Good luck and best regards, Rob Fortgang