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Alex Esquire
Alex Esquire, Attorney at Law
Category: Employment Law
Satisfied Customers: 16396
Experience:  Licensed Experienced Attorney
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I have a employee who signed a no compete agreement with her

Customer Question

I have a employee who signed a no compete agreement with her former employer. Since she has left she started working with me. Some of the clients she was serving left the company and have contacted my company. Would she be able to clean them for my company. She never solicited those clients.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Alex Esquire replied 1 month ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Was your employee permitted to obtain employment with another employer in similar geographical location / line of business?

Customer: replied 1 month ago.
Customer: replied 1 month ago.
Can't do that right now
Customer: replied 1 month ago.
It says she can't Solicito ate any of her former customers that because she clean for while working for the other company
Expert:  Alex Esquire replied 1 month ago.

Thank you for your follow up.

While I cannot comment on your specific case, generally, if the former employer's customers decide to obtain services from the former employee who signed a non-compete clause and the non-compete prohibits solicitation, then if the customers decide to obtain services from such former employee on their own, without any solicitation from the former employee, then such activity would generally not be violation of non-compete clause, however, the former employer might still question the situation and the new employer and the former employee should be ready to prove that they didn't engage in any solicitation related to such situation.

I wish you the best of luck!

Expert:  Alex Esquire replied 1 month ago.
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