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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I live in the state of Minnesota. I work Recruiting and

Customer Question

Hello, I live in the state of Minnesota. I work for a Recruiting and Staffing company that works on-premise with a client to provide staffing resources. Upon being hired/promoted into this role, my employer made me sign a non agreement stating the following...
I have read and understand that Aerotek’s offer of employment will commence on
2/2/15 contingent upon a favorable review of my professional references and work history. Further, as acceptance of this offer of employment I will not accept an offer of employment with a client company within twelve (12) months of assignment completion without prior written approval of Aerotek. This prohibition applies to positions offered at facilities owned or controlled by a client company that are within a fifty-mile geographical area in which Aerotek provides staffing services to the client company.
We recently lost the client that I am working with. They switched staffing vendors entirely. The client that we were working with is looking to hire me as their HR Generalist. I'm wondering if my non-compete is valid in this case or if I should seek a written release from the company. I have had the client's legal team review the non-compete document and they have stated that I should be fine, but I would like to double check.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Samuel II replied 2 years ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

The Non compete is enforceable. To be enforceable, the non-compete agreement must must protect a legitimate employer interest, and must be reasonable in scope, duration, and geographic territory.

Therefore, I suggest you would want to have the Aerotek sign a release so that in essence is granting you the "permission" as stipulated in the agreement.

Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please post them here. Otherwise, I appreciate your Positive Rating as that is how I get credit for my time and information.

Thank you

Customer: replied 2 years ago.
Even though the client that we were working with is no longer a client, the non-compete is enforceable?
Expert:  Samuel II replied 2 years ago.

Ok. Well, if the client just recently left I suggest you need the release. If the client left a year ago, then no you do not need it.

Expert:  Samuel II replied 2 years ago.

It appears the Agency is providing "wiggle" room and will more than likely agree to the release. But you do not want to risk that you would be sued - or that the new employer/former client would be sued for hiring you.

Customer: replied 2 years ago.
Interesting. So, basically, I would need to be gone from the client site for one year in order to be out of my non-compete? I thought that because we have fully transitioned out and we are no longer providing services to them that this would be void. We have stopped providing services and are fully transitioned out. Does that change anything at all?
Expert:  Samuel II replied 2 years ago.

Thank you. It can. But if the company wants to enforce the non compete they can because it says "...Further, as acceptance of this offer of employment I will not accept an offer of employment with a client company within twelve (12) months of assignment completion without prior written approval of Aerotek"

And so I suggest that it really depends on when the client left. As that could be construed as "completion"

Expert:  Samuel II replied 2 years ago.

But that is only my legal opinion and interpretation. If the company legal says they don't have a concern with being sued and that you should not either than you need to decide which you feel is the most comfortable for you.