Non-Compete regarding staffing services in AZ
I recently resigned as VP of Recruiting for an AZ-based recruiting firm that specialized in medical and technology staffing. About 4 months prior to resigning an old family friend asked me to do some recruiting for his restaurant. I did this despite the fact that it was well out of our recruiting specialty. Now that I have resigned, this family friend would like to continue to work with me, but my former employer is threatening with legal action claiming that it is in breach of my non-compete if I do so. I am now employed with another recruiting firm focused on a completely seperate market (geographically and industry). I have not been in contact with any other previous clients, nor do I intend to. Would I be in breach of my non-compete if I were to work with this family friend again?
Thanks for your help!
Answers (1)
Your question cannot be answered with a simple yes or no. I don't know what provisions your non-compete agreement contains. Nor do I know whether your earlier work for your family friend was done as part of your former job or whether you were "moonlighting." If it was done through your former employer and you were paid by that employer, the scope of their business may have expanded to include restaurants as well as medical employers. The fact that your former employer is threatening legal action leads me to believe that they want to hang on to that bit of business, so the question turns on whether the non-compet is enforceable and whether it covers that area of business. Bit the bullet, make an appointment with an employment attorney and have him or her review the agreement and the facts, including the answers to the above questions.
posted by Francis Fanning | Mar 12, 2003 12:28 PM [EST]
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