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Business Law Answers
Business Law Answers, Attorney
Category: Business Law
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Experience:  Over 16 years of experience from formation to litigation involving businesses
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hi on the below verbage on this contract please help me interpret.

Customer Question

hi
on the below verbage on this contract please help me interpret. this is a independant contractor agreement between the dr and the dental office.

if an employee was fired from this office and is no longer and employee for this office can i as the independent contractor,still working as independent contractor for this office hire the employee at my separate personal office or am i breaking the contract
thank you
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10.     Non-solicitation   Hiring of Staff. Notwithstanding anything to the contrary herein, DENTIST
shall not hire any employee to work for DENTIST subsequent to the termination of this Agreement (i) for a period of three (3) years subsequent to the termination of this Agreement and (ii) if such employee had been employed by WHELAN at any time within a period of one (1) year prior to the date of termination of this Agreement.
Submitted: 8 years ago.
Category: Business Law
Expert:  Business Law Answers replied 8 years ago.

Hi and thanks for your question.

 

Based upon the information you've provided above, DENTIST would not be in violation of this paragraph if he hired the former employee to work for him if the Agreement has not been terminated. The key words in this paragraph 10 are "subsequent to the termination of this agreement" - it doesn't sound from your question as though the agreement has been terminated, so it is still during the agreement, and this paragraph does not prohibit the DENTIST hiring a former employee while the agreement is still in effect.

 

I hope that this answers your question; if so, please click Accept. Thanks very much and I wish you the best here.

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Customer: replied 8 years ago.
ok then, so when the contract is terminated and this employeee was hired bfore termination does it then apply ?
Expert:  Business Law Answers replied 8 years ago.

This is an interesting question, and unfortunately I don't believe you would have as clear of an argument as in your first scenario.

 

This answer is less clear-cut, but you would have a strong argument that based upon the specific wording here, the paragraph would not apply if you had already hired the employee prior to the termination of the contract, again, since the language says "...shall not hire any employee to work for DENTIST subsequent to the termination of this contract" - your argument would be that you did not hire the employee subsequent to the termination of the contract, because at the time of the termination of the contract, the employee was already working for you, had already been hired.

 

There is an argument to be made by the other side here, though, based upon the same language, that even though you had hired the employee to work for you prior to the termination of the contract, the contract implies that no employee shall "work for DENTIST subsequent to the termination of the contract", thus the argument is that this would be in violation because the employee is working for you after the contract has been terminated.