Non-Competition and Non-Solicitation Agreement

[NJworker]

Hi,

I live in New Jersey, and I found a contracting position
with a big telecommunication company here. I am in the
process of signing up with a contracting house, which is
the approved vendor for the big telecommunication company.

The employment agreement with the contracting house contains
the following paragraph...
<B>Non-Competition and Non-Solicitation</B> During the period until two years following the termination of your employment for whatever reason, you shall not directly or indirectly solicit the business of (or otherwise deal in a manner adverse to the company with) or provide any software engineering, consulting or programming services to any customer of the company (regardless whether or not you personally dealt with that party during your employment) or to any customer (or end-user of any customer) of the Company for which or for whose benefit you provided service during your employment, nor directly or indirectly solicit the services of (or otherwise deal in a manner adverse to the Company with) any employee of the Company or induce such employee to terminate his or her employment..

Questions:
1. Seems like my hands and legs are tied down now. The contracting house will not allow me to go to another company, even if the company is not a contracting house but do projects with the big telecommunication company. Is my interpretation of the paragraph correct?
2. If I want to become an employee of the big telecom company in the future, can I join either the group I will be working with or other parts in the big telecom company w/o violating the employment agreement?

Thank you very much,

Gary

 

[loku]

Non-compete clause

1. Seems like my hands and legs are tied down now. The contracting house will not allow me to go to another company, even if the company is not a contracting house but do projects with the big telecommunication company. Is my interpretation of the paragraph correct?

I don’t quite understand this question, but the contract would prohibit you from working for any customer of the contracting house. It would also prohibit you from working for any end-user of any customer of the contracting house for whom, or for whose benefit, you provided service during your employment. That means if you provide service for the big telecommunication company, you would not be able to work for any end-user of the big telecommunication company.

2. If I want to become an employee of the big telecom company in the future, can I join either the group I will be working with or other parts in the big telecom company w/o violating the employment agreement?

You would not be able to work for the big telecom company because it is a customer of the contracting house, and also because you provided services for tham.