QUESTION
non interference with current and prospective clients
Asked on Jun 16th, 2015 on Labor and Employment - New Jersey
More details to this question:
I am currently working for company A with whom I have signed agreement which says something like this: ...the Employee shall not, without written permission from xxx, undertake to interfere with xxxs' relationship with any restricted client or restricted prospective client by: - soliciting client or prospective client to provide competitive services - referring client or prospective clients to other person or entity providing competitive product or service - assisting any other person or entity in doing any of the foregoing... ... Now, I got job offer from another Company for similar job responsibility which is a consulting position, and this position also requires pre-sales engagement with the customer. The type of customers acquired by both of these companies has some overlap. Is there any problem for me to accept position with Company B ? Any possibility to avoid any problem while accepting offer from the new company ?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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We have just completed three similar noncompete cases. The good news is that the New Jersey courts do not favor non compete clauses. However, the devil is in the details. We would need to know how you developed the relationship with the clients. For example, did you have a prior relationship with these clients ? for example, if your present employer spent a considerable amount of money developing this relationship with the clients, you may have a problem. Please call to discuss the details. Ed Dimon
Answered on Jun 16th, 2015 at 7:38 PM