My question involves business law in the state of: ARIZONA
I want to accept a job offer with a customer of the company that pays me. I am not really an employee. I was for years, but two years ago I was laid off. Since then, I have been a sole proprietorship and I have gotten two 1099-MISC forms from my former employer now customer.
They pay me for jobs that I bill them. They also provide supplies, a phone and travel expenses and I have a company credit card. I have never signed a contract with my employer. The relationship has never been formalized. Just handshakes. I just email them spreadsheets showing hours I worked and they send me checks in the amount of my hourly rate times the hours.
The terms and conditions of every contract my former employer has with customers has this passage:
"Commencing immediately, and continuing until a date one (1) year after the date of final completion of the Work, [customer name here] agrees not to directly or indirectly employ, solicit for employment, or advise or recommend to any other person that such other person employ or solicit for employment, any person employed by or under contract to [my former employer name here]."
This job represents a huge opportunity. My my former employer (now my main customer) does not have anything requiring them to give me any work and they how have employees taking over some of the work. But they clearly want me around. Can they block their customer from hiring me?