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Employmane Contract language - need help to understand ASAP

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M

monu

Guest
Hi, I am working as consultant in computer software field. I am placed by my employer on project at client site. now i want to become employee of Client. I have the following clause in my employment letter by my current employer. my employer does not have any contract with client about hiring their people. The clause is as below.
Can the caluse create any problem for me?

"Non_Solicitation: During your employment with company ABC ( unless otherwise directed by and done on behalf of company ABC) and for one year period following the termination of your employment with company ABC for any reason , you agree not to directly or indirectly solicit the business of or provide any software engineering ,consulting or programming services to any customer of company ABC. you further agree that during the term of your employment with company ABC and for the one year period following the termination of such employment not to solicit for employment on your behalf or on behalf of anyone else any person(S) who you know to be an employee of company ABC.you agree that company ABC will be entitled to injunctive relief as well as damages for any violation by you of this paragraph".
 


JETX

Senior Member
Your cited clause appears to be a little confusing and you may have altered the intent in error. (Since in one place it appears that 'ABC' is the client, then later it appears that 'ABC' may by the employer..)

Is 'ABC' your employer or the company (client) that you have been assigned to??

I assume that ABC is your employers CLIENT. If correct, then the contract that YOU have signed prohibits YOU from soliciting a job from 'ABC', or from soliciting a job from 'ABC' for a friend, and that you won't solicit anyone from 'ABC' for one year.

If you violate this contract, 'ABC' can make you cease that violation (by injunction) and to pay damages.
 
M

monu

Guest
Hi Halket,

Sorry for confusion. ABC is my employer. and the clause i have described is written in my employment letter signed by me when i joined ABC company. ABC ( my employer ) has placed me to client site for project assignment. there is no
contract between ABC (my employer) & client ( whom i want to join as employee ).
I hope this will clear your confusion. Can you please advice me based on this information?

thanks !
monu.
 

JETX

Senior Member
In that case, you are clearly hung out.

Your agreement, if valid, says that "you agree not to directly or indirectly solicit the business of or provide any software engineering ,consulting or programming services to any customer of company ABC."

This means that you cannot do ANY business or provide any services to ABC's client (your current contract employer). Pretty much shuts that down.
If you want to try to challenge the validity of the agreement, you will need to talk with an attorney who can review the entire document and relevant facts.
 

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