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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113361
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I appreciate the assistance and want to be sure to have some

Customer Question

I appreciate the assistance and want to be sure to have some clear lines before I push forward with a new job prospect. I work in IT Staffing. The prospect company in Dallas is being led by an ex-LRS employee. I engaged them for the opportunity and was
not contacted on their end. I have scheduled follow up interviews and will need to complete a 30-60-90 project, so in due diligence of my time - I'm looking for the best advice I can get. I will be attaching the complete document for review. 1. As a current
LRS Employee, I can leave to work for a competitor as long as I do not 'directly compete'? Meaning, I can still sell in the same space of services as long as I do not engage an existing client or attempt to remove a resource from an existing client for 2 years
from term date. Likewise, I will not utilize any 'proprietary' information. Considering all of my work is done with resources that are available to the public such as DiscoverOrg, LinkedIn, Online Job Posting Sources like Indeed, and various other resources
such as Chamber of Commerce lists - there is not a true proprietary portion to consider unless I were to somehow use the CRM database that I currently have access to.. 2. Can I work with or for an ex-employee of LRS if I am the one as a current employee, denoted
as 'LRS employee' in the document, that initiates the contact/conversation. Reading it as 'Employee' being defined as the person that signed the document - it says Employee can discuss employment is LRS employee initiates the conversation. Of which in my scenario,
I initiated the conversation. 3. No where do I see where I can be held for anything in regards ***** ***** for an ex-LRS employee. It just says, I can work for a competitor and can not directly compete in accounts. And as noted above, an ex-LRS employee can
hire me, as long as I initiated the conversation? 4. To be clear on language. There is no difference in the agreement between resignation, suspension, or termination. If I were released for no-cause or for cause would not matter? 5. If this were to be a route
I chose, to go work for a competitor and with an ex-LRS employee. I obviously have to provide this document to the new employer. Would it be diligent on my part to speak with LRS upon leaving and be clear on where I am going and discuss the understanding of
the document - and if I have it, provide a legal letter of understanding from an employment lawyer? If that is a yes, what should that look like and any advise on said letter? 6. What criteria would I need to deem this document invalid? Thank you for the prompt
response.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
File attached.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
According to your agreement, you can leave to go work for another LRS former employee as long as you do not sell or attempt to sell "to any person or entity that has been a client and/or licensee of LRS within two (2) years prior to the date on which Employee’s employment with LRS terminated and with which the Employee has had business dealings on behalf of LRS within the same two (2) year period." So if you are not going to be engaged in that conduct, you can leave without violating the agreement.
If you breach the agreement, since it does not specify damages, you wold be liable for any damages the employer can prove they incurred by you leaving and also their costs and attorney's fees for having to sue you for breach.
The agreement is valid and enforceable no matter why you leave. You would need to present a copy of the agreement to your new employer.
You can speak to LRS about it when you give your notice, but as long as you comply with the terms of that agreement they cannot stop you from working with the new company.
Customer: replied 1 year ago.
Thank you. Lastly, would the former employee (having signed an identical form, and having been away from LRS since December of '14) hold any liability in this? Considering that I initiated contact and the other company has buffered contact with the other employee by having other executives complete the interview process. Just looking to be sure before I push on. Thanks.
Expert:  Law Educator, Esq. replied 1 year ago.
If he is not soliciting you to work for him, then he would not be in violation of the contract.