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Hi, I'm employed by the consultancy A through Vendor B for client C ( A -> B -> C). The current contract with C is ending soon. But C is ready to offer me full time for a different team. But I have concerns over my non-compete agreement. I'm confused if my consultancy A will sue me if I take the offer after my current contract ends ? Below are points in my contract which is related to this.
Please give me some advice. The jurisdiction is Georgia.
At-Will Employment. Your employment with the Company is for no specified period of time. Your employment relationship will remain at-will and either you or the Company may terminate the
relationship at any time.
Non-Solicitation of Customers. Employee agrees that during employment with the Company and for a period of two (2) years following the cessation of employment for any reason, Employee shall not, either directly or indirectly, on Employee’s own behalf or in the service of or on behalf of others, for the purpose of providing products or services that are competitive the Business of the Company as existed within one (1) year prior to Employee’s cessation of employment, (i) solicit, divert or appropriate to Employee or another business or Person or (ii) attempt to solicit, divert or appropriate to or for Employee or another business or Person, any business from any Person that was a Customer, as defined above, with whom Employee had Material Contact within two (2) years immediately prior to Employee’s cessation of employment.
Non-Solicitation of Employees, Contractors or Vendors. While employed by the Company, and for a period of two (2) years following the cessation of employment for any reason, Employee shall not, either directly or indirectly, on Employee’s own behalf or in the service of or on behalf of others, (i) solicit, divert, induce or encourage or (ii) attempt to solicit, divert, induce or encourage any employee, contractor, or vendor of the Company with whom Employee had supervisory duties, business dealings, working relationships, collaborations, reporting relationships and/or regular and customary business-related communications during the twelve (12) month period prior to Employee’s cessation of employment with the Company, for the purpose of encouraging, enticing, or causing said individual to terminate his/her employment, engagement, or contract with the Company.
Non-Competition. While employed by the Company, Employee will not, directly or indirectly, anywhere in the Territory, conduct any Covered Activities on Employee's own behalf or on behalf of any Person for the purpose of furthering, assisting, or engaging in a business endeavor that is competitive with the Business of the Company. Additionally, while employed by the Company and for a period of six (6) months following the cessation of employment for any reason, Employee agrees not to accept employment or other assignment with any Customer of the Company with whom Employee had Material Contact.
Thanks,
Please give me some advice. The jurisdiction is Georgia.
At-Will Employment. Your employment with the Company is for no specified period of time. Your employment relationship will remain at-will and either you or the Company may terminate the
relationship at any time.
Non-Solicitation of Customers. Employee agrees that during employment with the Company and for a period of two (2) years following the cessation of employment for any reason, Employee shall not, either directly or indirectly, on Employee’s own behalf or in the service of or on behalf of others, for the purpose of providing products or services that are competitive the Business of the Company as existed within one (1) year prior to Employee’s cessation of employment, (i) solicit, divert or appropriate to Employee or another business or Person or (ii) attempt to solicit, divert or appropriate to or for Employee or another business or Person, any business from any Person that was a Customer, as defined above, with whom Employee had Material Contact within two (2) years immediately prior to Employee’s cessation of employment.
Non-Solicitation of Employees, Contractors or Vendors. While employed by the Company, and for a period of two (2) years following the cessation of employment for any reason, Employee shall not, either directly or indirectly, on Employee’s own behalf or in the service of or on behalf of others, (i) solicit, divert, induce or encourage or (ii) attempt to solicit, divert, induce or encourage any employee, contractor, or vendor of the Company with whom Employee had supervisory duties, business dealings, working relationships, collaborations, reporting relationships and/or regular and customary business-related communications during the twelve (12) month period prior to Employee’s cessation of employment with the Company, for the purpose of encouraging, enticing, or causing said individual to terminate his/her employment, engagement, or contract with the Company.
Non-Competition. While employed by the Company, Employee will not, directly or indirectly, anywhere in the Territory, conduct any Covered Activities on Employee's own behalf or on behalf of any Person for the purpose of furthering, assisting, or engaging in a business endeavor that is competitive with the Business of the Company. Additionally, while employed by the Company and for a period of six (6) months following the cessation of employment for any reason, Employee agrees not to accept employment or other assignment with any Customer of the Company with whom Employee had Material Contact.
Thanks,
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