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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117369
Experience:  20+ Years of Employment Law Experience
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Legal Question about a labor contract: Section 3.

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Legal Question about a labor contract : Section 3. Non-Solicit
3. Non-Solicit. Subject to Section 4, during the term of this Agreement and for twelve (12) months thereafter, Client will not, directly or indirectly, encourage or solicit to hire, or otherwise hire or engage for performance of services (excluding the Work hereunder) any Talent of Toptal who Client becomes aware of in connection with this Agreement. Client also agrees that it will not refer such Talent directly to subsidiaries, parent companies, partnerships, holdings or investors related to Client without processing such request through Toptal’s Client intake processes. Client also agrees that it will not induce any such Talent to recruit or refer talent of any kind to Client or third parties nor will Client cooperate with any efforts of such Talent to do the same.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: My question is ... I am a signer for a Florida company who contracted with a California coroporation
JA: Has anything been filed or reported?
Customer: I executed an agreement with this clause on behalf of company A .. A company that I worked for .. owned by my parents .. I own company B, there is no cross-pollination of ownership or investment. Can the contract employee contact Me at company B to work for me if I have not given him any offer or inducement to specifically work for company B
JA: Anything else you want the lawyer to know before I connect you?
Customer: Also there is no mix of products, services, tradelines, clients, etc
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If Company A signed this contract with the CA company and Company B owned by you is not part of the agreement, Company B can hire the employee. It just says that Company A will not hire or solicit. So if the person goes to Company B unsolicited and Company B hires them then that is not violating the clause as written.
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Customer: replied 3 months ago.
Thank you very much.Regards

Thank you.

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