How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2129
Experience:  Practicing Attorney with 10 years experience
Type Your Employment Law Question Here...
Asad Rahman is online now
A new question is answered every 9 seconds

My employment was recently terminated, I found a position

Customer Question

My employment was recently terminated, I found a position with a company that I had consulted with previously and applied for the position. My previous employer sent me the following:
It has come to my attention that you have directly applied for a position at Navisite to continue supporting them on the Remedy project. I’m requesting that you formally disengage with this direction and remove yourself from consideration at Navisite.
Per your Employment Agreement, you agreed that you would not "contact or solicit by any means whatsoever, whether directly or indirectly, personally, by agent, or representative, any current or prospective government, privet sector, or other client of Employer that Employee obtained, solicited, or otherwise contracted on behalf of Employer for the purpose of performing network systems or related engineering consulting services.” Clearly your actions with Navisite violate this agreement. In addition, as part of your severance later on December 28, 2016, you were explicitly reminded of 6) Convent Not to Solicit Clients.
Again, I am formally requesting that you 1) disengage from this course of action and cease discussing employment opposites with Navisite (whether direct or through a third party) and 2) respond to this email agreeing to do so.
If you have any questions, please feel free to call me at(###) ###-####or email me at***@******.***.
Does my application for employment actually constitute solicitation? The job request has been open in one form or another for at least 3 years. Since there is no set time for "Solicitation" is it actually enforceable?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
I should note that I do not have any copy of the actual employment agreement. I also no longer have an employee handbook. My previous employer is in Herndon, VA, and the position is for a company in Massachusetts, I live in Pennsylvania.
Expert:  Asad Rahman replied 1 year ago.

Applying for a job with them would definitely be considered solicitation however you are right that this would be viewed as unenforceable since there is no time limitations. However in my experience courts usually just insert a time limitation not iust void it. Let me know if you have any additional questions.