Non-compete with job offer – does it restrict me working for a customer

UPDATED: Oct 1, 2022

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Non-compete with job offer – does it restrict me working for a customer

I have a job offer with a non-compete clause attached. The job is working for an overseas manufacturer who supplies mechanical components to manufacturing companies worldwide. Company U.S. headquarters are in TX and I’m located in GA. Ultimately, I want to know if I’m restricted from going to work for a customer. And there’s a 1-month severance to allow employee to find alternative employment.

Competition. Employee will not, either during employment with Employer or for a period of one year thereafter, directly or indirectly, for himself/herself or any third party, accept employment or engage in any business or activity which is directly or indirectly in competition with Employer.

Solicitation of Customers. Employee will not, for a period of one 1 year after the termination of his/her employment, solicit any current customer or potential customer of Employer identified during the course of employment with Employer and with whom Employee had interactions on behalf of Employer during his/her employment, or otherwise divert or attempt to divert any existing business Employer.

Geographical Area. The geographical area to which this provision applies is any area in which Employer currently solicits or conducts business, and in which Employee worked for Employer, i.e. any territory assigned to Employee by Employer.

Asked on August 22, 2017 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The language you quote would let you work directly for the customer (e.g. in house in their business), but not for another business which services or is attempting to service that customer, if that other business's services, etc. would compete with this employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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