non-solicitation

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non-solicitation

I am employee of a recruitment agency ‘A’ working on a project for a client of the recruitment agency ‘A’. A clause under my contract with the recruitment agency ‘A’ states: during the term of the contract and for a period of 24 months after the termination or expiration thereof, you will not directly or indirectly solicit,divert or take away,or attempt to divert or take away the business or patronage of any of the clients,customers or accounts, or prospective clients “. With this clause can I resign and work for another recruiting agency ‘B’ on the same project for the same client?.

Asked on June 18, 2009 under Employment Labor Law

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area.  This appears to be a non-solicitation clause.  There may also be a non-compete clause in the contract you signed.  I would say that working on the same project for the same client may violate the terms of the contract and Agency A can get you fired from Agency B.  You are walking a close line there b/t working for the same client and diverting business.  I would not walk so close to the edge and risk losing your job over it.  As i said, there may be language in the contract about not competeing.  I would lok for that and see what it says.


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