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Non Solicitation same as Non Compete

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wantadvicequick

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? CA
I am an IT consultant and I signed an agreement with a consulting company titled - Confidentiality and Non Solicitation agreement.
Is this the same as Non Compete? I understand the confidentiality part. The non solicit agreement part is quoted from the agreement as below --------
I understand that the company's ability to operate its business depends upon its ability to attract and retain skilled people, that the company invests and will continue to invest substantial resources in the training of its employees, and that candidates for employment having the same abilities, knowledge, and skills as those employed by the company may not be generally available in the market place. I agree, therefore, that for a period of one year immediately following my departure from the company, I will not - either myself or for any person or entity - encourage, solicit, or recruit any employee of the company to alter that employee’s relationship with the company.
I further understand that the company has invested and will continue to invest resources in the development of relationships with its clients and that such relationships are vital to the continued business operations of the company. I agree, therefore, that for a period of one year after my departure from the company, I will not - either for myself or for any other person or entity - solicit any of the company clients or prospects with whom I worked with directly or indirectly or became acquainted with during my employment with the company. ----------------
If I join another consulting company to work for the same client, am I violating a non compete ? Also if an agreement like the above is signed, then the company also has to prove the investments they have made in me to enforce such an agreement? Any and every suggestion are welcome.
Thanks !
 


longneck

Member
very general definition of a non-compete: when you leave your current employer, you can not go to work for a competitor or start a competing business

very general definition of a non-solicit: when you lease your current employer, you can go work for a competitor or start a competing business, but you can not ask other employees to also quit and work for the new employer and/or you can not approach the clients of your previous employer to work with your new employer.
 

wantadvicequick

Junior Member
Non Compete and Non Solicitation

Thanks Longneck for the comments.
So can i assume that if the word Non Compete is not mentioned in the agreement, a non compete cannot be enforced ?
 

longneck

Member
i doubt anyone here (including me) is going to pass judgement on any document. all we're going to do is give you enough information to make the decision yourself. document and contract evaluation can be a tricky science.
 

cbg

I'm a Northern Girl
No one here can evaluate a document we haven't read. If you want an opinion on the enforceability of the agreement, you will have to show it to a local attorney.
 

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