Non-solicitation clause

UPDATED: Oct 1, 2022

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Non-solicitation clause

I signed a Non-solicitation clause as part of my recent per-diem part time
employment contract with company A. It states that I will not for a period of one
year after termination of my employment to ‘provided services that are the same
as or similar to the services for which I had responsibility while employed by
company A’

Company B in the same industry wants to contract with me also part-time to
provide services which have a different title and has different responsibilities
than those under company A.

Is this a breach of the non-solicitation clause?

Asked on November 21, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You write that the agreement bars you from providing "services that are the same as or similar," but that if hired you will have "different responsibilities." If by different responsibilities, you mean that you will *not* be providing the same or similar services, you will not be in breach of the agreement; but if you are, despite different title or responsibilities, still providing the same or similar services, you would be in breach and could be sued. Ignore the title and the responsibilties: since the non-solicitation agreement speaks in terms of "services" that is the only issue: whether the services you will provide are the same or similar. The agreement/clause is enforced according to its plain terms--no more and no less.

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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