non solicitation agreement

UPDATED: Oct 2, 2022

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non solicitation agreement

we are trying to separate from our current firm and develop our own business.
Myself and my partner both bound by non solicitation agreement so local
customers are no game for us. We asked for the list of customers we can’t deal
with but our current employer said we’d need to ask his permission to work
with any person in state. Any way to get around this? thank you.

Asked on October 29, 2019 under Business Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Non-solicitation agreements are enforceable as per their plain terms if you voluntarily separate from (i.e. quit or resign; not fired or laid off) employment. You are bound to what the contract says--no more and no less. You need to see what the limitations in the agreement are; and you may need to do a "conflict check" with any potential clients by asking if they were a client of this emoloyer, too, so you k ow if you can work with them.

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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