Non Compete Interpretation

[JAlex1]

What is the name of your state? Alabama

I recently left an employer, but had signed a non-compete agreement for 1 year preventing solicitation. I'm wondering if I could get an interpretation here of the non compete section of my contract. It is as following:

Employee promises and agrees that during his engagement and for (1) year after termination of the consulting relationship with *******, employee will not, directly or indirectly, on his own behalf or on behalf of any other person or entity, solicit or induce, or attempt to solicit or induce, for the purpose of performing the business activities or services the same or similar to thosed performaed by employee on behalf of *******, any client, customer, or vendor of ********, with whom employee had material contact as a result of his performance of employee services of *******.

I know flat out that the interpretation of this says I cannot solicit business from any exisitng customers, employees, or clients frmo the time while I was employed. But, does this go into saying I cannot even operate as an individual in the same field of competition if the potential customer has had nothing to do with *******? Furthermore does it prevent me from actually seeking employment from someone even if they were a client? My understanding is that it doesn't allow freelance solicitation, not employment status.

Thanks for the help.

 

[hexeliebe]

My understanding is that it doesn't allow freelance solicitation, not employment status

Then your understanding would be wrong.

The language is very clear that you are not permitted "directly or indirectly, on his own behalf or on behalf of any other person or entity, solicit or induce, or attempt to solicit or induce, for the purpose of performing the business activities or services the same or similar to thosed performaed by employee on behalf of *******, any client, customer, or vendor of ********, with whom employee had material contact as a result of his performance of employee services of "

However, there is nothing in this wording that would preclude the CLIENT from pursuing you.

There is also nothing in this wording, nor in the law, that precludes you from making a living and finding a job in your same market or talents with anyone who is not a client of the former consulting firm.

 

[JAlex1]

Ok here's the situation in a hypothetical way:

My former employer provides a service. We'll call this service "A" for all pratical purposes.

A place where I might find a job provides service "B".

The place where I seek employment for service "B" was a client of my former employer.

My specialty for employment involves a technique of service used both under service "A" and service "B". Both services are NOT related to eachother and therfore do NOT compete with eachother (basically this company does something completely different than my previous employer). Even though my technique or job would require me to do the same type of work as I did in my previous employment would this violate the non-compete?

 

[hexeliebe]

don't waste your time or mine. We don't do hypothetical situations here and I'm not about to conduct a legal seminar on non-competes.

If you have a Valid legal question regarding your situation then ask it. If you don't like the answer I gave you then wait for another.

 

[JAlex1]

I'm sorry I didn't make myself clear. That is the REAL situation put in a non discriptive way. I am trying to protect parties involved.

 

[hexeliebe]

My specialty for employment involves a technique of service used both under service "A" and service "B". Both services are NOT related to eachother and therfore do NOT compete with eachother (basically this company does something completely different than my previous employer). Even though my technique or job would require me to do the same type of work as I did in my previous employment would this violate the non-compete?

Yes