Legal Question in Employment Law in California

Working for same Client thru other agency

I was working at the client ''XYZ'' though an emplpoyer ''A''. Now I want to join the client or work for the client throug other employer. Client has no objection in doing so. But I have signed one year contract with my previous employer that I cannot be an employee of end client nor work for end client from different agency. Details of the contract is as below

''Non-competition with the Companies' key business clients. Based on the understanding that Employee will be given access to valuable clients anc confidential and proprietary information, Employee agrees that while ar employee of any of the Companies and for a period of twelve (12) months (i; after termination of employment either voluntarily or involuntarily, or (ii) from the date of entry by a court of competent jurisdiction of a final judgmenl enforcing these restrictions, whichever is later, Employee will not provide Competitive Products or Services to any of the Companies' clients with which Employee had material or substantial contact during the last twelve (12) months of Employee's employment with any of the Companies. ''Competitive Products or Services'' means the provision of strategies and solutions, assistance in the delivery''

Please let me know what should I do.


Asked on 5/05/08, 3:44 pm

4 Answers from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Re: Working for same Client thru other agency

I love non-compete contracts because they are almost always found to be invalid and unenforceable by California courts because they are against the fundamental public policy that encourage freedom of trade, with some narrow exceptions, such as when your concurrent employment with another company creates a conflict of interest or creates a risk of disclosure of trade secrets by you to the other company.

Thanks.

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Answered on 5/05/08, 8:14 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Working for same Client thru other agency

I love non-compete contracts because they are almost always found to be invalid and unenforceable by California courts because they are against the fundamental public policy that encourage freedom of trade, with some narrow exceptions, such as when your concurrent employment with another company creates a conflict of interest or creates a risk of disclosure of trade secrets by you to the other company.

Thanks.

Read more
Answered on 5/05/08, 8:15 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Working for same Client thru other agency

I love non-compete contracts because they are almost always found to be invalid and unenforceable by California courts because they are against the fundamental public policy that encourage freedom of trade, with some narrow exceptions, such as when your concurrent employment with another company creates a conflict of interest or creates a risk of disclosure of trade secrets by you to the other company.

Thanks.

Read more
Answered on 5/05/08, 8:16 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Working for same Client thru other agency

I love non-compete contracts because they are almost always found to be invalid and unenforceable by California courts because they are against the fundamental public policy that encourage freedom of trade, with some narrow exceptions, such as when your concurrent employment with another company creates a conflict of interest or creates a risk of disclosure of trade secrets by you to the other company.

Thanks.

Read more
Answered on 5/05/08, 8:20 pm


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