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Non Compte clause Question

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Ken_Knight

Junior Member
South Carolina

I’ve got a question about a non-compete agreement

In November 2008, I took a job as software engineer with a small software services firm. As part of signing up, I signed a non-compete agreement that I would not go to work with any of the customers that I worked with for 1 year after leaving the company.

Since that time I have worked with the same customer, which has been very pleased with my work. Their contract also includes a clause not to hire any of my firm’s employees for 1 year after they have left the company.

In the last few weeks I have become very unhappy with my employer and the customer that I work with has a new opening in the Software Engineering Dept.

The obvious answer is that we are both bound by the non-compete clause and I cannot be hired by the customer without my employer’s permission.

The question is – two months before I took the job with my employer, I did a one month stint as a contract programmer with this same customer firm. When I finished my contract, I left a copy of my resume with the Lead Programmer in case they had an opening.

The question is, does my prior relationship with the customer, take precedence over the non-compete agreement with my present employer.
 


cbg

I'm a Northern Girl
We cannot comment on the terms or enforceabilty of an agreement we have not read. You will need to show all the associated documentation to an attorney in your state.
 

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