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I signed a Non-solicitation clause as part of my recent per-diem part time
employment contract with company A. It states that I will not for a period of one
year after termination of my employment to ‘provided services that are the same
as or similar to the services for which I had responsibility while employed by
Company B in the same industry wants to contract with me also part-time to
provide services which have a different title and has different responsibilities
than those under company A.
Is this a breach of the non-solicitation clause?
Asked on November 21, 2017 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You write that the agreement bars you from providing "services that are the same as or similar," but that if hired you will have "different responsibilities." If by different responsibilities, you mean that you will *not* be providing the same or similar services, you will not be in breach of the agreement; but if you are, despite different title or responsibilities, still providing the same or similar services, you would be in breach and could be sued. Ignore the title and the responsibilties: since the non-solicitation agreement speaks in terms of "services" that is the only issue: whether the services you will provide are the same or similar. The agreement/clause is enforced according to its plain terms--no more and no less.
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