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

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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:

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

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