Bob McCann wants to get to work. But where? The former Merrill Lynch brokerage head told a Manhattan federal judge yesterday that his new employer is losing patience, and he should be relieved of a non-compete clause in his BofA contract.

“They are becoming increasingly frustrated by my inability to go to work,” said McCann, according to this story from the Wall Street Journal. McCann would only say that his new employer is a rival of Bank of America, but the WSJ says anonymous sources confirm it is UBS.

New York Supreme Court Justice Melvin Schweitzer instructed McCann and the lawyers to try to work it out. With a decision pending in the case, he called the case a “close call,” adding, “I don’t know what I’m going to do. I came into this morning with a very different view.”