john509123
Junior Member
Can someone please help me interpret the following two clauses. (Listed at the bottom)
My concern with the first clause is that I am currently a freelancer on the side, does this clause restrict me from being able to work for this company and being a freelancer on the side.
My concern with the second clause is that I will be working for a 3rd party company as a contractor does the second clause restrict me from working directly for the 3rd pary until i have left the company for a year?
Is there any warrant to my Concerns?
1. Employee agrees to apply his entire productive time, attention and energies to the business of the Company. Employee shall not, during the term of this Agreement, be engaged in any other business activity, whether or not for gain, profit or other pecuniary advantage and whether or not such activity is related to the business activity of the Company, without the express written consent of the Company.
2. During the term of Employee’s employment and for a period of one (1) year after the termination thereof for any reason whatsoever, Employee shall not, directly or indirectly, for himself or on behalf of any other person, firm, corporation or other entity that competes, in any way, with the Company: (a) induce or attempt to influence any employee of the Company to terminate his employment with the Company; (b) solicit, service, divert or accept any person, firm, corporation or other entity with whom Employee had personally dealt while employed by the Company as a customer, or client (c) solicit, divert or accept the referral of any person firm, corporation or other entity as a customer, client or recruit from any referral source with which Employee had personally dealt while employed by the Company.
My concern with the first clause is that I am currently a freelancer on the side, does this clause restrict me from being able to work for this company and being a freelancer on the side.
My concern with the second clause is that I will be working for a 3rd party company as a contractor does the second clause restrict me from working directly for the 3rd pary until i have left the company for a year?
Is there any warrant to my Concerns?
1. Employee agrees to apply his entire productive time, attention and energies to the business of the Company. Employee shall not, during the term of this Agreement, be engaged in any other business activity, whether or not for gain, profit or other pecuniary advantage and whether or not such activity is related to the business activity of the Company, without the express written consent of the Company.
2. During the term of Employee’s employment and for a period of one (1) year after the termination thereof for any reason whatsoever, Employee shall not, directly or indirectly, for himself or on behalf of any other person, firm, corporation or other entity that competes, in any way, with the Company: (a) induce or attempt to influence any employee of the Company to terminate his employment with the Company; (b) solicit, service, divert or accept any person, firm, corporation or other entity with whom Employee had personally dealt while employed by the Company as a customer, or client (c) solicit, divert or accept the referral of any person firm, corporation or other entity as a customer, client or recruit from any referral source with which Employee had personally dealt while employed by the Company.