Can you please clarify what "formal written negotiations" means?
I signed a contract to do sub contract work for a company. Before I had done any work for them, I terminated the contract (it was at-will employment)
There is wording in the solicitation restrictions that includes "any prospective clients with whom the Company has been involved in formal written negotiations to become a Client..."
Are emails discussing rates considered 'formal written negotiations?'
Thank you SO MUCH for your help.
S.M.
Answers (1)
Generally, only a Judge, jury or arbitrator can make the final determination as to whether you violated the non-solicitation provison. Such a determination will look at the agreement in its entirety, not just "formal written negotiations." Numerous other issues will also be decided such as: is the agreement valid and enforceable, whether your contact with the prospective client was made through your former employer, and assess the damages you may have caused your employer if the "rates" were information you used to secure new business. Get ready to spend a lot of money to defend your self if you are dragged into court etc. to fight over possible violation of the no-solicitation. Better to hire a lawyer before you sign such an agreement or before you breach one rather than afterward.
posted by Jill J. Weinberg | Oct 18, 2010 4:23 PM [EST]
posted by Jill J. Weinberg | Oct 18, 2010 4:23 PM [EST]
