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  1. #1
    Join Date
    Feb 2014
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    1

    Default Can a Former Employer Stop You From Continuing Work for the Client Through a New Job

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

    HI, I have signed a non-compete agreement with my employer that "for a period of 12 months after employee's separation from employment with the company for any reason, employee shall not, directly or indirectly, whether or not for compensation, and whether or not as an employee, be engaged in a position similar to employee's position with the company with any client or customer for which the employee performed non-incidental service while employed by the company"

    The client moved its project contract to a different company and that company wants me to join them. With this non-compete clause can i join a new employer immediately but still the customer remains the same.

    Please help.

  2. #2
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Changing Employer and Client Remains the Same

    Quote Quoting suganya
    View Post
    My question involves labor and employment law for the state of: WA

    HI, I have signed a non-compete agreement with my employer that "for a period of 12 months after employee's separation from employment with the company for any reason, employee shall not, directly or indirectly, whether or not for compensation, and whether or not as an employee, be engaged in a position similar to employee's position with the company with any client or customer for which the employee performed non-incidental service while employed by the company"

    The client moved its project contract to a different company and that company wants me to join them. With this non-compete clause can i join a new employer immediately but still the customer remains the same.

    Please help.
    That seems pretty reasonable to me. While the geographical range is broad, it attempts to limit the agreement by particular clients you performed non-incidental service for. While no one can know without specific case law search for exactly the same facts, a year does not seem overly restrictive to you being able to work. Especially if there were any consideration for signing it, this seems like it would be enforceable.

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