Can I join my employer's client in California?
I am a resident of California (currently on H1B visa) and working for a company's client here in California. I have been offered a full time position by the client in the same location - California. However there are some non-compete and non solicitation clauses in my company's offer letter, which seems to prohibit me from joining client for a duration of 1 year of working for that particular client. I just want to check if I can join the client with these clauses.
Below are excerpts of Non solicitation clauses from my offer letter
11. Customer Relationships and Non-Solicitation of Employment. You will develop relationships of special trust and confidence with the Company's Customers and its employees. Such relationships of trust and confidence are of great value and importance to the Company and are for the Company's exclusive benefit. During your employment you shall not directly or indirectly expropriate any corporate opportunities or otherwise engage in any conduct adverse to the best interests of the Company and its relationships with its Customers. Specifically, during your employment, and for a one (1) year period following termination of your employment for whatever reason, you shall not, directly or indirectly, solicit employment by any Customer of the Company for whom you have provided computer programming, engineering or consulting services as a employee of the Company. Moreover, the Company's relationships with its Customers are governed by contracts, which prohibit the offering of direct employment of the Company's employees by the Customer. Actions by you to solicit such employment will interfere with such contracts and shall constitute a breach of this agreement. If, during your employment, or during the one (1) year period following termination of your employment, you are or contacted by any Customer offering you employment, you agree to notify the Company immediately in writing.
12. Non Solicitation of Customers. During your employment, and for a period of one (1) year following the termination of your employment for whatever reason, you shall not, directly or indirectly, solicit the business of (or otherwise deal in any manner adverse to the Company), or offer to provide any software engineering, consulting or programming services to any Customer of the Company (including the Customer's customer) regardless of whether or not you personally dealt with that party during your employment. If, during your employment, or during the one (1) year period following termination of your employment, you are contacted by any Customer of the Company offering to employ you to provide any software engineering, consulting or programming services, you agree to notify the Company immediately in writing.
16. Governing Law. You recognize that the Company's Human Resources and other administrative departments are headquartered in Canonsburg, Pennsylvania and that this agreement was executed by the Company in Canonsburg, Pennsylvania and that it is a legitimate business interest of the Company to have all employees' agreements in the form of this agreement interpreted consistently so that the Company and all employees may know of the legal implications thereof. Accordingly, the parties agree that this agreement shall be interpreted and enforced in accordance with the laws of the Commonwealth of Pennsylvania, exclusive of its provisions relating to conflicts of laws. In addition, you hereby submit to the jurisdiction of the federal and/or state courts, as applicable, located in Pennsylvania, in connection with any action arising from or relating to the enforcement, interpretation or application of the terms of this agreement.
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