Can I work for the same client under non-competition in California

I am an employee of CXX under H1 visa and working for client X in California. I want to know if taking up employment with a competitor named CYY to work for the same client X is illegal and my current employer can sue me to pay damages eventually getting me terminated from the job in CYY. Clauses in the employment agreement reads like this:

Employee agrees that during the time period in which Employee works for Employer in California:

2.2 Employee agrees that during the term of Employee's employment with the Company, Employee will not, either directly or indirectly, or for himself/herself or through, on behalf of, or in conjunction with any person, persons or legal entity, own, maintain, operate, engage in, assist, consult for, contract with, be employed by, any client, customer or prospective client or customer of the Company for which Employee performed work for, consulted with, provided services to, or performed any job function, including without limitation any sales or related services performed on behalf of the Company, within the twelve (12) months prior to his/her separation from employment with the Company.

2.3 Employee agrees that, during the term of Employee's employment with the Company, and for a period of twelve (12) months thereafter, Employee will not, either directly or indirectly, or for himself/herself or through, on behalf of or in conjunction with any person, persons or legal entity: (a) solicit, persuade, induce or attempt to solicit, persuade or induce any person who is providing services, and did provide services within the previous twelve (12) months, to the Company as an employee or independent contractor, to reduce or terminate his/her services to, the Company; or (b) solicit customers who were serviced by Employee or sought to be serviced by Employee or customers with whom Employee came into contact in any way on account of his employment with the Company, which solicitation is undertaken by use of any of the Company's Confidential Information and its intent or effect would be for such customers to reduce or terminate their relationship with the Company, or to refrain from doing business with the Company. Employee acknowledges and agrees that pursuit of the activities forbidden by this paragraph would necessarily involve the use or disclosure of Confidential Information in breach of this Agreement, but that proof of such breach would be extremely difficult. Employee further acknowledges and agrees that the prohibitions contained in this paragraph are reasonable and necessary to protect the Company's trade secrets.

Please advise.

0 answers  |  asked Oct 16, 2016 11:07 AM [EST]  |  applies to California

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