non solicitation agreement

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year 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.


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