Contract help

[Sarahm88]

What is the name of your state (only U.S. law)?

I work for a care company and have a applied for a new job but I will work for an old client of my old employee but I didn't solicit it in anyway I just went for a job i found on the internet but I have this in my contract

It is a condition of your employment, that for a period of six months immediately following the termination of your employment for any reason what so ever, you will not, whether directly or indirectly as a principal, agent, employee, director, partner or otherwise how so ever approach any individual or organisation who has during your period of employment bein a customer of ours, if the purpose for such an approach is to solicit business which could have been undertaken by us. Neither shall you set up a business, or work for a business in any capacity, in direct competition with ourselves with a 50 mile radius of any of our sites, within the 6 month period

And as for direct competition I will be working for one client and managed by a case management company so I'm not working for another company in direct competition ..

Also other staff have left to work with clients and new company's and my employer did nothing can they just cherry pick one member of staff

 

[OHRoadwarrior]

I think you need to be more clear on the business relationship between the new and old companies.

 

[Sarahm88]

I think you need to be more clear on the business relationship between the new and old companies.

Hi the company I work for is a care company that provides care in the home.. The company I have applied for is a case management company, they employ and train staff on behalf of a client, so you just work for that one client so I can't be I'm direct competition if I'm just working for one person..

Also the case management team employed the company I work for to care for the client but his ward off court has chosen for him to leave my company

I didnt know it was a client I worked for when applying for the job me and my company had no idea the client was leaving

But my employer now knows he is leaving and is not happy

But I didnt solicit it as I didnt know and it couldn't have being business undertaken by them as he was leaving anyway

And I'm sure it doesn't class at a rival company

 

[OHRoadwarrior]

It certainly appears you are in violation. The question is, is it enforceable? Are actually contractual penalties written into it? Those things are is best to consult a local attorney over, if you are in doubt.

 

[Sarahm88]

It certainly appears you are in violation. The question is, is it enforceable? Are actually contractual penalties written into it? Those things are is best to consult a local attorney over, if you are in doubt.

I have wrote that all wrong the case management don't emply my company I got that wrong.. My company hold the contract for the client and is funded throught social services..but his ward of court and welfare has said they are not doing there job properly. So asked social services to put notice in she has chosen to use the case management team to manage us.. but we will be employed by the client through the ward off court as the client doesn't have the capacity as he has a brain injury.

No that is is the contract says on the matter just that para graph

Where do you think I am violating it? I'm not doing anything it says I can't do am I??

What I don't understand is many of the other employees have gone to other care companies that are
rivals and nothing was done.. So why threaten me

 

[Zigner]

Sorry, this forum is for US law only.