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Non-disclosure And New Business Venture

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CJFJOD

Junior Member
What is the name of your state? Kansas

Myself and another employee where I work wish to start a part-time side business that in no way competes with the company we work for. I have a non-disclosure/non-solicitation/non-compete agreement, the other employee does not.

I am concerned about a paragraph in my agreement which reads:

"Will not hire as an employee or independent contractor or otherwise associate or affiliate with an "employee" of The Company or induce any "employee" of The Company to terminate his or her employment with The Company. For purposes of this subsection, the term "employee" shall mean any individual who is or was employed by The Company during the (1) one year period prior to the date of termination of EMPLOYEE'S employment or during the two (2) year period of the covenants set for herein."

Though I realize that I will need to seek out the advice of a local attorney, I am curious as to whether or not anyone feels that there is a way my potential business partner and I could form a company in some means and get around the issue above.

Our intention was to form an LLP or LLC as partners, but I am open to whatever would be necessary so that we could formalize our business.

Any thoughts?
 


cbg

I'm a Northern Girl
No one here can comment on the enforceability of a contract when all they have read is a single paragraph taken out of context.

Sorry, but you're going to have to rely on that local attorney.
 

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