What is the name of your state (only U.S. law)? Minnesota
I am currently evaluating a job offer and have a question on one of the clause in the confidentiality and non solicitation section of the offer letter.
Background - I am an IT consultant and work in very niche domain wherein my skills are relevant for 3-4 major companies in that domain. The job offer is from one of these companies.
"Non-Solicitation Restrictions.
i. Definition. “Customer” means any person or entity (1) about whom Employee (or Employee’s supervisees)
obtained or had access to Confidential Information during Employee’s employment with Company; or (2)
with whom, during the 24-month period prior to the termination of Employee’s employment with Company,
Employee, directly or indirectly, had contact on behalf of Company and which (A) had a contract or business
relationship with Company, (B) negotiated to contract with or enter into a business relationship with Company,
or (C) was, directly or indirectly, solicited by Employee to do business with Company.
ii. Employee agrees that, for a period of one (1) year after termination of Employee’s employment with Company
(whether voluntary or involuntary), Employee will not, directly or indirectly:
1. Solicit any Customer, or provide or sell to any Customer any service or product that competes with,
or is the same as or substantially similar to, any service or product offered or provided by Company
during Employee’s employment with Company."
Question - Does the clause above imply that I cannot work for any other company which is in similar business for one year? As i mentioned earlier that in my case there are primarily 3-4 companies wherein I can potentially work and all of them are in similar business. Please advise.
Thanks in advance.
I am currently evaluating a job offer and have a question on one of the clause in the confidentiality and non solicitation section of the offer letter.
Background - I am an IT consultant and work in very niche domain wherein my skills are relevant for 3-4 major companies in that domain. The job offer is from one of these companies.
"Non-Solicitation Restrictions.
i. Definition. “Customer” means any person or entity (1) about whom Employee (or Employee’s supervisees)
obtained or had access to Confidential Information during Employee’s employment with Company; or (2)
with whom, during the 24-month period prior to the termination of Employee’s employment with Company,
Employee, directly or indirectly, had contact on behalf of Company and which (A) had a contract or business
relationship with Company, (B) negotiated to contract with or enter into a business relationship with Company,
or (C) was, directly or indirectly, solicited by Employee to do business with Company.
ii. Employee agrees that, for a period of one (1) year after termination of Employee’s employment with Company
(whether voluntary or involuntary), Employee will not, directly or indirectly:
1. Solicit any Customer, or provide or sell to any Customer any service or product that competes with,
or is the same as or substantially similar to, any service or product offered or provided by Company
during Employee’s employment with Company."
Question - Does the clause above imply that I cannot work for any other company which is in similar business for one year? As i mentioned earlier that in my case there are primarily 3-4 companies wherein I can potentially work and all of them are in similar business. Please advise.
Thanks in advance.
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