Non-Compete Question
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- ********
I have an active non-compete (3 months left) with my previous full-time employer. I also have a really good contact from the previous employer's client list. That contact has recently left her job with the client company, and is leaving to another job where she has offered to bring me into the fold on some pilot projects. Am I able to legally do business with that contact/new business since the contact is no longer employed with the agency's client?
I figure that this is spelled out in my original contract, but I have all my stuff packed up for an upcoming move and I need to act on this right away. I also don't want to stir up dust and bring about any suspicion with my previous employer.
Do non-competes typically bar this sort of contact?
- d_rek0
As long as she's not currently doing business with your previous employer you should be covered. If she's not technically an employee of your previous employers client then the non-compete should no longer apply.
- ********0
non compete is for...the same industry.
So you can't work on PEPSI designs if you're a freelancer for coca cola.
If they industry if different then you're all good. If the businesses compete against each other then you need to abide by the non compete.
- ********0
The industry is the same, I should have clarified that, but yes. Banking/financial.
- I would be really careful Chalk.********
- are they competing for the exact same customer?********
- sort of, i guess. one is a bank, the other is a group of financial advisors, which is a service banks offer.********
- hmm - proceed with caution. Maybe ask your employer if they minded if you did a couple of small projects?********
- the problem is you may have insight that might give one business the advantage over the other.********
- i dont think i will, because it will be mostly executional with access to public-facing information at best.********
- I would be really careful Chalk.
- utopian0
Corporate America always wins!
- Josev0
I'd talk to an attorney. I've read a lot about non-competes like that being difficult to enforce.
- autoflavour0
walk into your bosses office and take off your pants.
see what happens
- maikel0
unless you are talking of 100K + projects, I don't think your previous employer would give a shit.
And if you are talking of this kind a money, you can hire a lawyer to make them eat their pants.
- randommail0
Just do it.
You can only win some if you risk some.As long as you're small beans compared to the company and don't pose any threat to their billings, they probably won't come after you. They sure won't like it, but if there's no monetary reason to enforce the non-compete, you're relatively safe.
But if you think you can bring that business to another company, don't.