Will I be able to escape the Non-Compete agreement if I change my area of work?

I have happened to enter into a Non-Compete agreement with my employer when I started off my job as a Software Developer. The Non-Compete Clause states that "the employee cannot perform the same or similar duties for any of the company's clients or active prospects for 2 years as of the date of expiration of his employment with the employer".
I have worked for two of my employers' clients over the period of 5 years. I worked in the area of software development while working for Client 1. My area of interest being more on the Business Side, my employer could not find me work in that area with Client 1 and hence I began working for Client Two which is based in a different City from where I live. The project with Client 2 got over and I decided to quit my job for personal constraints.
It has been almost 8 months since I left my job and about 1.5 yrs since I worked with Client 1. I live in a city with my family where Client 1 is the only prospective employer . There are only two Companies in the city where I live that hire people with my area of knowledge. I have been unsuccessful in landing a job with the other company due to lack of opportunities with them, hence I am now left with Client One that I worked for 1.5 yrs ago. I plan to join back Client 1 in the area of Business Analysis//Business Development which is completely different from what I did when I worked with Client 1 before.
Please let me know if I can evade the non-compete clause on the basis of my new area of work with Client 1, my time since I last worked with this client being > 1 yr and financial issues faced by my family.

The Non Compete also states that " In the event that any portion hereof shall be determined by any court of competent jurisdiction to be unenforceable by reason of its extending for too great a period of time or over too great a range of activities, the parties desire that is shall be interpreted and redrafted by such court to extend only over the maximum peiord of time, geographic area or range if activities as to which it may be enforceable.

0 answers  |  asked Jan 25, 2013 11:34 PM [EST]  |  applies to Illinois

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