I worked for a marketing agency, and was laid off. One of the clients of that agency recently posted a job listing. I applied for the job. My previous employer is saying this is a breach of non-compete agreement, in this clause:
"Subject to applicable law, in the event Employee’s employment is terminated, Employee agrees that for one (1) year from
the date of termination, Employee will not:
• Directly or indirectly, in any capacity, solicit or accept business from any of Adigma’s clients or client prospects with
whom Employee had business dealings on behalf of Adigma prior to Employee’s termination; or
• Directly or indirectly, in any capacity, solicit employees from Adigma.
• Directly or indirectly, in any capacity, solicit or accept business from anyone in the Self-Storage Industry."
If I apply for a job, become an employee, does this violate the non-compete agreement? The job they are hiring for is filling in for a person who left, so this does not conflict with the current relationship of the agency and the company I apply for.
1 Answer from Attorneys
So IMO, these terms are not excluding you from being an employee. Normally, the language would be very specific regards to taking a position with them. This one seems to only be concerned with you accepting business as a competitor.
I cannot, however, be conclusive over this platform. And if your former employer believes this is a problem and feels he can show business harm he is free to take action, but I doubt this will be worth the money for him to do so.
Before you commit to anything, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.
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