QUESTION
Would this be breaking contract?
Asked on Apr 20th, 2015 on Breach of Contract - California
More details to this question:
Hi, I work as a contractor for a dog walking company and signed a contract saying that I would not take away their clients. One of the clients I work with decided to stop using the company due to billing issues and poor communication by the company regarding these issues. That being said, I was asked if I would like to continue to walk the dog but being that I signed a contract saying I wouldn't take clients away from company is this ok to do? I am not really taking the client away, they are leaving because of being unhappy with management issues. Please advise. Thanks
1 ANSWER
In most states, the question would first be whether the clause barred competition, or just solicitation of clients. Assuming it barred all competition, the question would then be whether the clause was enforceable. California, however, has a strict policy against non-compete covenants in employment and, assuming you didn't use any of your former employer's trade secrets to lure this customer away, would not enforce any provision which barred you from walking this customer's dog after leaving your former employer's employ.
Answered on Apr 20th, 2015 at 11:29 AM