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Non Solicitation Agreement

Discussion in 'General HR issues' started by BLUELABEL, May 21, 2015.

  1. BLUELABEL

    BLUELABEL Junior Member

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    Hi Ron,

    I solicit your help on my understanding about non competence clause.

    I am going through my offer letter signed 6+ years ago and noticed that there's non solicitation clause. Can the below clause is enforceable in state of Indiana?

    You agree not to provide software services to any of XXXXX's clients or final clients (except as directed by XXXXX), directly or indirectly, while employed by XXXXX, and for a period of two years thereafter. Also you agree not to solicit employment opportunity with the XXXXX’s direct and/or indirect client, while employed by XXXXX, and for a period of 2 years thereafter.

    If i get a job in a company and if that happens to be the client of my current company, Can the above clause be enforceable? What if my current company has done some business with my future prospective employer through another vendor but not doing anything now?

    Thanks for your help.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to consult with an Indiana employment attorney concerning your specific agreement. Generally, most states won't enforce those agreements unless you were paid something extra for giving up that right.
     

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