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  1. #1

    Default Applying for a Job With a Competitor With a Non-Compete, Non-Solicit Contract

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

    My husband has signed a non-compete/ non-solicit agreement with his employer and is working with client A. Can his employer sue him if he just applies for a job position with client A? We plan to talk to employer before accepting the offer. But can they sue him as breach of contract for applying and going thru selection process? Appreciate legal advice.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Non-Compete, Non-Solicit Agreement

    There is no way anyone here can interpret the terms of an agreement we have not read. Your husband will have to have a New Jersey attorney read the entire agreement to determine what can be enforced and what cannot.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Non-Compete, Non-Solicit Agreement

    Quote Quoting plslegalhelp
    View Post
    My question involves labor and employment law for the state of: New Jersey

    My husband has signed a non-compete/ non-solicit agreement with his employer and is working with client A. Can his employer sue him if he just applies for a job position with client A? We plan to talk to employer before accepting the offer. But can they sue him as breach of contract for applying and going thru selection process? Appreciate legal advice.
    Can they?

    Yes.

    Will they?

    Impossible to predict but companies don't have their employees sign those agreements unless they intend to enforce them using lawsuits if necessary.

    Talking to the current employer before applying with Client A is probably the kiss of death because it tells the current employer that he is looking to jump ship. Employers don't like hearing that kind of thing and he could end up being fired on the spot.

    He'd be better off talking to an attorney about the enforceability of the agreement and its application under the circumstances.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non-Compete, Non-Solicit Agreement

    companies don't have their employees sign those agreements unless they intend to enforce them using lawsuits if necessary.

    This is not necessarily true. It may be true, and may even be true most of the time. But I have personally known of a situation where such agreements were required as a provision of obtaining funding - the employer had no intention of enforcing them, and in fact did not enforce them, but they required them because the funding source said they had to have them on file. Too bad on the funding source that they neglected to include that the employer had to execute them. They didn't so we didn't.

    I agree with the rest of your post.

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