Non-Competition Clause

Subject: Non-Competition Clause
From: PBW <pbw3172 -at- yahoo -dot- com>
To: techwr-l -at- lists -dot- raycomm -dot- com, parametrica -at- listbot -dot- com
Date: Sat, 11 Mar 2000 07:53:05 -0800 (PST)

***Cross posted to Techwr-l and Parametrica lists***

I usually lurk around on the Techwr-l and Parametrica
list. I wondered if you could possibly make sense of
a non-competition clause in my current contract.

A consulting company approached me with a position at
a new client site. My 'future' consulting company
places contractors at a client site (let's call them
Site A) where my 'current' consulting company also
places contractors.

Am I breaking this clause if I start work at Site A
but for a new consulting company? Is this clause
truly enforceable? Site A is about 6 or 7 miles from
my current client site (which is a different company).

Please note that I am not looking for legal advice,
only for some clarification from those that have
non-competition clauses in their contract.

Here is the clause from my current consulting company:
NON-COMPETITION: During the term of this Agreement and
for twelve months after the termination of Employee's
employment relationship with Employer for whatever
reason, Employee agrees that he/she shall not, in any
individual or representative capacity, and within
seventy-five miles of the client location(s) at which
Employee provided services or for which Employee was
introduced to client to provide services under this
agreement: (a) provide or attempt to provide directly
or indirectly, or advise others of the opportunity to
provide services to any Client to which Employee has
provided services or was introduced to provide
services in any capacity on behalf of Employer within
twelve months before the termination of the Employee's
employment; or (b) retain or attempt to retain the
services of any person who was providing services to
or on behalf of Employer while Employee was employed
by Employer within twelve months before the
termination of Employee's employment. For purposes of
this paragraph, the term "Client" includes its parent
corporation, any subsidiaries or affiliated companies.

Any advice is appreciated and you can respond offline
at pbw3172 -at- yahoo -dot- com -dot-

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