Are there ways around a Non Solicitation Agreement?
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Are there ways around a Non Solicitation Agreement?
I am employed as a Construction Manager by a
company in the oil and gas industry and have
been with this company for 4 years. I have
brought my own clientele with me as well as
worked jobs from my company. I have recently
been offered a few different positions with
other companies that are better opportunities
for my future. When I first hired on I signed a
NSA which basically states I cannot take work
from any of the clients they have. The question
is…there is multiple contractors at each of
these sites I work for and a company that I am
looking to take a job from already has work
from all of my known clients. By me getting on
board with them, they would in turn get more
work. Could this agreement hold up in court
against me?
Asked on July 23, 2019 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, it could hold up against you: while general non-competition agreements are sometimes either not enforced, or only enforced in a limited way, non-solicitation agreements are almost always enforced. However, like all contracts, they are enforced according to their plain terms or language: to really understand the limitations on you, bring the agreement to an employment law attorney to review with you.
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