Employment Contract

[pon1]

I signed an employment contract last year with a local Computer Consulting firm here in Michigan. I've since left the firm (approx. 1 month ago) and, have gone out to do Consulting on my own (Independent Computer Consulting). My former employer claims that in the contract I signed with his company last year there was a "no compete" clause. Basically, he's telling me that I cannot go to work for anyone that is a client of his company for one year. Everytime I try to find a prospective customer he's killing the deal because he claims I can't "compete" with him. Can he do this legally?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Yes and no. 1 year may be not that long. It is generally viewed as reasonable. You need to check the other terms in the non-compete and then read these three articles I always recommend.

http://www.nolo.com/encyclopedia/articles/emp/noncompetes.html

http://www.nolo.com/auntie/question_328.html

http://www.emergit.com/html/content_cur/profiles/290800_clauses.html

 

[pon1]

Thanks for your reply Lawrat. Very useful information. Please allow me to give you a couple excerpts from the contract and, hopefully you can give me your thoughts:

Note: A. Shyster will represent the company I signed the contract with.

CLIENT
An A. Shyster client (hereinafter referred to as CLIENT) is defined as a company with its divisions and affiliates that EMPLOYEE has serviced for A. Shyster or has contacted on behalf of A. Shyster or has been introduced or presented to by A. Shyster or any other business, project or entity to which EMPLOYEE has been assigned by A. Shyster or A. Shyster's client, or that A. Shyster has contacted or rendered services to in the twelve (12) months prior to EMPLOYEE's termination of employment.

NON-SOLICITATION OF CLIENTS
EMPLOYEE agrees that during the period of this agreement and for twelve (12) months immediately following the termination of the agreement, not (except with A. Shyster's written consent), directly or indirectly, solicit, provide services to, enter into a contractual agreement, be employed by, own, manage, operate, join, control, or participate in the ownership, management or control of or be connected in any manner with any CLIENT.

In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and said agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

What do you think of this mess? Is it too vague? What are you thoughts? Thank you for your time in advance.

 

[pon1]

Can anyone give me their thoughts on this? Would it be worth my time to have a lawyer look at the entire contract (based on what you see from the above excerpt)? I'd like to show the former employer where he can shove his contract because he is constantly using it as a form of intimidation (i.e., writting me nasty letters saying I've "breached" my contract). I've not solicited any clients of his and, I told him that his actions are bordering on harrassment. Thanks.