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Non-Solicitation Question

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jwbrint

Junior Member
What is the name of your state?What is the name of your state? TX (contract under MO)

I am an Information Technology Consultant under contract with a consulting placement firm (out of Missouri) for 6 months to do some consulting with a company in Dallas, TX. Under my contract there is a non-solicitation covenant stated exactly as follows:

Non-Solicitation Covenant. During the term of this Agreement and for a period of 12 (twelve) months thereafter, Midwest and/or its representatives, the Contractor and/or its Representative will not, for the benefit of Midwest or the Contractor, their Representatives or any other person or entity, (i) induce or attempt to induce any employee or independent contractor of the other party to terminate his/ her or its employment or other relations with the other party or (ii) hire any employee or independent contractor ever employed or engaged by the other party.
I was wondering if the current company that I am consulting with offered to contract me directly after my other contract ends after 5 more months, would that violate my non-solicitation covenant? I in no way asked or approached them with this matter. They approached me. What are my options here?

jwb
 
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Beth3

Senior Member
I was wondering if the current company that I am consulting with offered to contract me directly after my other contract ends after 5 more months, would that violate my non-solicitation covenant? Yes. The terms of the contract between your employer and the client is that they will not solicit you for employment for 12 months following the end of your placement with them as a contractor. (Agreements like these are extremely commonplace in the IT consulting world.)

I expect there is similar language in the services agreement/contract directly between the consulting firm you work for and the client.

What are my options here? I think you need to have a candid talk with the company that approached you about the non-solicitation agreement and see if they're prepared to "buy you out" of the contract you/they have with the consulting firm, assuming your employer would be willing to agree to such an arrangement.
 

jwbrint

Junior Member
freespeech said:
Isn't 5 months about 7 months short of the 12 months agreed on in the CONTRACT YOU signed?
Actually, it would be 17 months. ("During the term of this Agreement and for a period of 12 (twelve) months thereafter")

jwb
 

Beth3

Senior Member
free, that's not what the contract says. It not only applies to the period of time during which the poster is placed with the client, it continues for 12 months after the assignment has ended.
 

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