Do I have the right to work with a client if this client initiated the contact and is planning on ceasing business with ex-employer?

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Do I have the right to work with a client if this client initiated the contact and is planning on ceasing business with ex-employer?

I signed an employment agreement with a non competition clause that was voided since I was terminated by the company. The non-solicitation clause that says the following: “During the term of Employee’s employment and for a period of three Years thereafter, Employee will not, directly or indirectly, whether as an employee, employer, consultant, or in any other capacity, and whether for employer or another’s benefit: (a) engage or solicit with any of company’s customers who were such at any time during employee’s eemployment with company to induce them to cease doing business with company”.

Asked on August 3, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you write, it would appear that if you did not engage with or solicit the client to cease doing business with the former employer, you  may work with them. That said, if you do start working with them, assume that your former employer will likely take legal action against you (sue). If they do, how you will refute their claim that you did solicit the client? Before taking the client, ask yourself if it's worth the cost and distraction of a lawsuit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you write, it would appear that if you did not engage with or solicit the client to cease doing business with the former employer, you  may work with them. That said, if you do start working with them, assume that your former employer will likely take legal action against you (sue). If they do, how you will refute their claim that you did solicit the client? Before taking the client, ask yourself if it's worth the cost and distraction of a lawsuit.


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