Non-solicitation Agreement Question

UPDATED: Oct 1, 2022

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Non-solicitation Agreement Question

I’m currently on my last week of employment with my consulting company A after submitting my 2 weeks notice. I submitted my resume for an opportunity with a new consulting company B. I found out B’s client is the same as A’s. My non-solicitation agreement with A states that during or 12 months after employment I cannot contact a client for the purposes of making them mine or a competitive business’ customer. If the client is already a customer of B before my employment, would I be in violation of agreement for taking the new job?

Asked on July 10, 2019 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You would be in violation if you work on that client's account, help others work on the account, contact the client, etc. However, if you have nothihg to do with this particular client (i.e. you work on other clients or accounts) you would not be in breach. The agreement bars you from being invovled with this client; it does not bar you from working from someone who services this client so long as you do not work on this account.

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