Can I join my customer in a full-time position if my non-compete agreement only had a mention of “can not solicit business”

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Can I join my customer in a full-time position if my non-compete agreement only had a mention of “can not solicit business”

I applied to a full-time position to my previous customer when I was contracting with them. My non-compete agreement only had a statement which stated that I can not solicit business from them for 2 years. Is it illegal?

Asked on February 27, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For a definitive answer, you should have an employment law attorney review the precise language of the agreement. That's because contracts and agreements are enforceable as per their plain terms.

From what you write, it would seem that you could work for this customer--you state that the agreetment forbids "soliciting business," but working for someone is not soliciting business; the agreement will not restrict you any more broadly than its actual terms.

However, as noted, to be sure, let an attorney review the actual agreement with you. Good luck.


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