Do I have the right to work with a client if this client initiated the contact and is planning on ceasing business with ex-employer?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have the right to work with a client if this client initiated the contact and is planning on ceasing business with ex-employer?

I signed an employment agreement with a non competition clause that was voided since I was terminated by the company. The non-solicitation clause that says the following: “During the term of Employee’s employment and for a period of three Years thereafter, Employee will not, directly or indirectly, whether as an employee, employer, consultant, or in any other capacity, and whether for employer or another’s benefit: (a) engage or solicit with any of company’s customers who were such at any time during employee’s eemployment with company to induce them to cease doing business with company”.

Asked on August 3, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, it would appear that if you did not engage with or solicit the client to cease doing business with the former employer, you  may work with them. That said, if you do start working with them, assume that your former employer will likely take legal action against you (sue). If they do, how you will refute their claim that you did solicit the client? Before taking the client, ask yourself if it's worth the cost and distraction of a lawsuit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you write, it would appear that if you did not engage with or solicit the client to cease doing business with the former employer, you  may work with them. That said, if you do start working with them, assume that your former employer will likely take legal action against you (sue). If they do, how you will refute their claim that you did solicit the client? Before taking the client, ask yourself if it's worth the cost and distraction of a lawsuit.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption