How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Irwin Law Your Own Question

Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4814
Experience:  30+ yrs. representing small business, real estate, probate
18215332
Type Your Business Law Question Here...
Irwin Law is online now
A new question is answered every 9 seconds

I have a contract with the following non-compete clause. In

Resolved Question:

I have a contract with the following non-compete clause. In the contract I am the "Contractor" and I will be contracting for the "Company"
__

A. Non-competition with the Company
Contractor agrees that for a period of one year after termination of his contract with Company, in any manner, whether with or without cause, Contractor will not provide paid or unpaid services to any Company client and their clients directly or indirectly with whom Contractor had a relationship through engagement of contract with the Company. Providing paid or unpaid services to any Company client directly or indirectly shall include, but not be limited to engaging in business as owner, partner, or agent, or as Contractor of any person, firm, corporation, or any person, firm, corporation, or any other entity engaged in such business, or in being interested directly or indirectly in such business conducted by any person, firm, corporation, or other entity
__

My question is, can I do contract work for a client that I find on my own even if the "Company" also does business with them? Assuming that I was not introduced to the client via the "Company"?
Submitted: 1 year ago.
Category: Business Law
Expert:  Irwin Law replied 1 year ago.

There is an ambiguity in the contract. The main provision reads: Contractor will not provide paid or unpaid services to any Company client and their clients directly or indirectly with whom Contractor had a relationship through engagement of contract with the Company. This implies a client that you worked with while at the Company. But the next sentence says: Providing paid or unpaid services to any Company client directly... and leaves out the qualifying "that you worked with while at the Company." A court would have to decide which clause controls. It is a matter of PA case law that would have to be researched by a local attorney in order to help you evaluate the risk. There are certain rules that courts can apply to resolve ambiguous language, which might be favorable to you. We cannot research the legal issues from here because that constitutes practicing law, but here is some general information from a PA lawyer whom I do not know personally, which might interest you: http://bernsteinlaw.com/publications-list/non-competition-agreements-reasonable-is-key/ I hope this Answer is helpful and that you will give it a positive rating. If not, then do not enter a rating at this time and send back a Reply for more information or clarification. You should consult a local attorney to verify that this information is accurate for your state. Thank you for using Pearl.com- Just Answer. We appreciate your business.

Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4814
Experience: 30+ yrs. representing small business, real estate, probate
Irwin Law and 11 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA