Legal Question in Employment Law in New York

My boss is leaving for another firm but he has a 1 year non-solicitation clause in his contract. How can I join his firm without running into any legal issues? If I decided to quit and a few weeks later, I go to his firm to ask for a job, is that legal? He didn't technically solicit me.


Asked on 5/09/11, 6:02 pm

1 Answer from Attorneys
Michael Haber Law Offices of Michael S. Haber

It's always difficult to give legal advice based upon the provision of a contract when one doesn't know exactly what the contract says. There is magic in words. And there are also answers in words. There is specific conduct that is prohibited in that contract. What exactly is prohibited? If the contract terminology is ambiguous, it may help you to know that ambiguities are construed against the draftsman of a contract.

One additional thing your boss should know is that, since anyone can sue anyone for anything, he has to consider the fact that he might possibly be buying himself a lawsuit if he hires you. That may or may not be of concern to him.

Good luck to you.

Read more
Answered on 5/13/11, 2:00 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York