Any employment lawyers here?

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ocorbust_IHB

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Changing jobs (in professional services) and would like to understand the enforceability of non-solicitation clauses (for both clients and employees). Seems there is a lot of gray area and would be hard to prove. Any insights would be appreciated.
 
Any advice given here on this subject would only potentially lead you in the wrong direction. It all depends on the way the clause is written and the tenacity of your former employer(s). I have seen them go virtually unenforced, and have seen them result in extremely expensive litigation. If you sign a non-solicitation clause and then violate it, expect problems. Better to negotiate a less-restrictive clause before signing anything. You should also spend the money on a good lawyer to review the clause(s). If you want to go it alone, and are savvy with legal terms, head down to the County Law Library at the Civic Center and review some of the business and employment law treatises.
 
^^ completely agree here. And really unless you are working again or with your former employer then i'd be leary. It just depends, i'd also document anything that might help your cause. Like you're going to be laid off, or your job is ending or something else.



Being a contact engineer we would see this quite alot. Fortunately when you are let go, there is not much they can do to you unless you signed a VERY restrictive clause.

-bix
 
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