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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Employee Agreement Non-Solicitation and Non-Compete

    Non-Solicitation/Non-Compete: During the term of this agreement and for a period of 2 years subsequent to the termination of this agreement,
    employee shall not, without the prior consent of Company X, directly, indirectly, or through any other party solicit business from or perform services
    for any direct or indirect Company X customer or any other prospective Company X customer whom employee had any contact with or exposure to at any
    time during the term of this agreement."

    I'm an employye of Michigan based Company X as full time employee for past 11 years. My company has two clients Y at NJ & Z at Philadelphia. I was working at Y around 3 years ago. Now, I am working at client Z for past 3 years. I'm still employee of X.
    Now client Y is offering me a full time job. Can I join employee Y ? Is this a breach of agreement?

  2. #2
    Join Date
    Sep 2007
    Location
    Austin, Texas
    Posts
    65

    Default Re: Employee Agreement Non-Solicitation / Non-Compete

    I'm editing this for some clarity:

    During the term of this agreement and for a period of 2 years subsequent to the termination of this agreement, employee shall not, without the prior consent of Company X, perform services for any Company X customer whom employee had any contact with or exposure to at any time during the term of this agreement."
    It looks like you would need to get the consent of Co. X in order to go to work for Co. Y without breaching this agreement (if it is enforceable).

    Does Y know about the non-compete agreement? Does X know about Y's overture to you? You need to be careful that you don't end up without a job at either one. If I were you, I'd take this agreement to a lawyer for a review and consult, and potential representation during negotiations.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Employee Agreement Non-Solicitation / Non-Compete

    What do you mean by saying "If it is enforceable".

    Besides, Y does not know about this agreement.

    Also, since I am past 3 years working for Y, the agreement clause says 2 years. Does this not mean that I am not breaching any contract?

  4. #4
    Join Date
    Sep 2007
    Location
    Austin, Texas
    Posts
    65

    Default Re: Employee Agreement Non-Solicitation / Non-Compete

    What do you mean by saying "If it is enforceable".
    Not all contracts are enforceable. That's one reason to see a lawyer for a review of it.

    Besides, Y does not know about this agreement.
    Most companies don't want to face potential claims of tortious interferance in a contractual agreement. This is another reason to see a lawyer.

    Also, since I am past 3 years working for Y, the agreement clause says 2 years. Does this not mean that I am not breaching any contract?
    NO! The agreement says two years after working for X! This is why you need to see a lawyer.

    You don't understand what you signed and you aren't playing it straight with Co X or Y. You are headed for trouble, in my opinion.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Employee Agreement Non-Solicitation and Non-Compete

    I agree. You need to take the agreement to an employment or contract attorney for review & advice.

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