Re: Non-Competition Clause

Subject: Re: Non-Competition Clause
From: "Jeanne A. E. DeVoto" <jaed -at- jaedworks -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Sat, 11 Mar 2000 16:07:09 -0800

At 7:53 AM -0800 3/11/2000, PBW wrote:
>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).
>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.

In English translation, this appears to mean:

While you're working for the agency and for 12 months after you finish, you
agree not to work for a client the agency has placed you at or sent you to
for an interview. (But this only applies to the actual client site the
agency sent you to, or other offices of the same client less than 75 miles
away. If you move out of the area or something, and want to work for the
same client - but at a site more than 75 miles away from the original site
- you can.) You also agree not to recruit for the client, or to hire anyone
who was working for the same client under the same agency.


The bottom line appears to be that as long as the agency hasn't presented
you to the new company, and you haven't worked for that company, you're not
breaking the noncompete if you take a job with another agency to work at
the new company. The agreement only applies to companies your old agency
has actually presented you to or gotten you a contract at. They aren't
trying to lock you out of working at a company just because they place
contractors there.

[Standard disclaimer: I am not a lawyer. This is not legal advice. Etc.]

jeanne a. e. devoto ~ jaed -at- jaedworks -dot- com

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