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  1. #1

    Exclamation Leaving a Company to Work for a Client

    My question involves employment and labor law for the state of: New York

    Hello, I am thinking about leaving my position to work full time for a client. I have not signed any non-competes with my current employer; however, the client has signed an agreement roughly 5 years ago on a contract that renews each year stating:

    During and for one (1) year after the term of this agreement Client will not solicit the employment of, or employ, the Company’s personnel, without the Company’s prior written consent. Should that consent be granted by Company, Client shall pay to Company a fee equal to 50% of the employee’s first year compensation including stock, cash, bonuses, value of stock options and value of all perks including cars and insurance policies.
    The real question is (1) if I quit and am no longer an employee is this viable? (2) does it matter if the client did not solicit me but instead I them?

    I need help as I feel I am stuck in a position that treats me terrible. I am starting a family and really feel this could be the best thing for everyone.

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Leaving Company to Work for Client (Need Help Badly)

    This is not your issue, it's the client's issue. If the client hires you, and your current employer is inclined to sue someone as a result, it will be the client that will be sued, not you.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Leaving Company to Work for Client (Need Help Badly)

    Only an attorney in your state who has read all of the associated documentation can say whether or not that agreement is binding and if so, under what conditions.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Leaving Company to Work for Client (Need Help Badly)

    sounds like the time frame of the contract is long gone past to me

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