Non Compete Vs. Non Solicitation

[kenshamrock2009]

What is the name of your state (only U.S. law)? NJ

My previous employer had me sign a non compete and a non solicitation when I first joined my IT Consulting job. The Non soliciation reads:

I agree for the period of 1 year after termination of my employment from the company I will not, call on or solicit business from, or perform any services for, any of the actual or targeted prospective customers or clients of the company in connection with any business that competes with services offered by the company.

My Non Compete reads:

I agree that during the period of my employment by the company and for a period of 6 months thereafter, I will not, without the company's express written consent, accept employment with any of the actual or targeted prospective customers or clients of the company.

My intention was to wait out the 6 months and work directly for my client as an employee of that client (not through a separate consulting firm).

My employer sent a legal notice with the following language asking me to sign it. Is their interpretation correct? Do I need to wait 6 months or 1 year to work as an employee for them (not as a competitor consultant?

It is important for you (and your new employer) to understand that, for a period of twelve months, you are not permitted to provide services, directly or indirectly, in any capacity whether as an employee, consultant, contractor to X, absent written consent from CEO NAME. This restriction is contained in the non-solicitation covenant.​

Thanks for the help.

 

[quincy]

What is the name of your state (only U.S. law)? NJ

My previous employer had me sign a non compete and a non solicitation when I first joined my IT Consulting job. The Non soliciation reads:

I agree for the period of 1 year after termination of my employment from the company I will not, call on or solicit business from, or perform any services for, any of the actual or targeted prospective customers or clients of the company in connection with any business that competes with services offered by the company.

My Non Compete reads:

I agree that during the period of my employment by the company and for a period of 6 months thereafter, I will not, without the company's express written consent, accept employment with any of the actual or targeted prospective customers or clients of the company.

My intention was to wait out the 6 months and work directly for my client as an employee of that client (not through a separate consulting firm).

My employer sent a legal notice with the following language asking me to sign it. Is their interpretation correct? Do I need to wait 6 months or 1 year to work as an employee for them (not as a competitor consultant?

It is important for you (and your new employer) to understand that, for a period of twelve months, you are not permitted to provide services, directly or indirectly, in any capacity whether as an employee, consultant, contractor to X, absent written consent from CEO NAME. This restriction is contained in the non-solicitation covenant.​

Thanks for the help.

We cannot analyze contracts on this forum. You will want your contract personally reviewed by a lawyer licensed to practice in your jurisdiction. The attorney can advise you on whether you are in breach of the terms of the noncompete/non-solicitation clauses and/or if the clauses are enforceable as written.

Good luck.