Is my non-compete valid if client no longer contracts with my employer?

My non-competition agreement states that I cannot work for a client of my employer (we'll call it Client A) if I performed work for that client in the 12 months prior. If I leave my company, and Client A no longer contracts with my employer (contract is not renewed), am I free to go to work for Client A as they are no longer a client of my former employer? Does it matter if I leave before Client A drops the contract, or if Client A drops the contract before I leave?

1 answer  |  asked Jul 30, 2011 7:03 PM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Bruce Elfvin
You will have an issue with former employer if client A did contracted work in the 12 months prior to your leaving the company. You need to take your agreement, along with a working knowledge of Client A's contracting history and review this with an employment lawyer. If Client A stopped working with your former employer unrelated to your leaving then the employer may waive any non-compete language related to Client A. Litigating non-compete language is difficult and even a coherent letter asking for a release of any potential conflict will help if you end up in court.

You can select an employment lawyer near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Aug 1, 2011 07:32 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA

more Virginia Employment Lawyers