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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I recently have left the below "Company" and have been in co

Customer Question

I recently have left the below "Company" and have been in contact with a customer for resume and coverletter advice. I have taken him to lunch and been in e-mail contact with him. I have not discussed any information on specifics of other customers, but just have sought professional advice on finding new employment. Am I in breach of the literature below?
Definition of Client:
Clients means any person or entity for whom Company performs services, to whom Company sells or licenses products, or from whom Company, Employee, or both obtain information.
If Employee's employment with Company is terminated for any reason, Employee agrees that for a period of two years immediately following the termination of his employment with Company, Employee will not directly or indirectly make known to any person or entity the names or addresses of any of the Clients, distributors or suppliers of Company or its subsidiaries, or any other information pertaining to them, or call on, solicit, take away, or attempt to call on, solicit, or take away any of the Clients, distributors or suppliers of Company on whom Employee called or with whom Employee became acquainted during his employment with Company, either for himself or for any other person or entity.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
By strict construction of the to the letter of the non-compete language, you could be considered to be in violation of the language by speaking with the client. That said, these non-competes are increasingly found to be in disfavor by courts, including in Nevada. When taken in context, you are not attempting to solicit this client for business or take them away from your former employer. You are soliciting personal advice on your resume - that is it and all. Moreover, the two year period is generally considered overly broad (one year is about the max on enforcement in most cases nationally now). Therefore, based on what you have shared with me, I think while you may be in "technical breach", you are not in a breach that would subject you to legal liability. I think if you were taken to court, you will win your case going away. Therefore, it is my opinion (based on a dozen years of handling this situation), that you are safe - legally speaking. Let me know if you have any other questions. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks

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