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I am looking at a new job with a partner of ours. I have…

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Hello, I am looking...
Hello, I am looking at a new job with a partner of ours. I have found the job and would like to apply but don't know if I can due to this clause in our agreement with them.
No Solicitation. Except as otherwise may be agreed in writing, each party agrees that during the term of this Agreement and for 12 months thereafter, it shall not directly or indirectly solicit or hire as employee or independent contractor, any employee of the other party with whom it comes into contact as a result of this Agreement. “Solicit” shall not be deemed to include, among other things, advertising in newspapers or trade publications available to the public.
Submitted: 8 months ago.Category: Legal
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Customer reply replied 8 months ago
I am a US Citizen.
Answered in 12 minutes by:
12/8/2017
Lawyer: retireddebra,
 replied 8 months ago
retireddebra
Category: Legal
Satisfied Customers: 106,062
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: retireddebra,
 replied 8 months ago

Are you and your partner in the US or Canada?

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Customer reply replied 8 months ago
we are in the US. I live in ND which is a right to work state.
Lawyer: retireddebra,
 replied 8 months ago

This question is on the Canada law list. I will ask the site to move it to the US list.

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Customer reply replied 8 months ago
Thank you
Lawyer: Roy Hadavi,
 replied 8 months ago
Roy Hadavi
Category: Legal
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

To clarify: Who are the "parties" referred to in the clause? I assume you are one of them. Who is the other in this scenario?

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Customer reply replied 8 months ago
Nice to meet you. I work for a partner called crayon. The other partner who we partner with is called integration partners
Lawyer: Roy Hadavi,
 replied 8 months ago

Did crayon and integration partners sign the agreement with the non-solicitation clause in it?

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Customer reply replied 8 months ago
They did. They did not solicit me. I found the job
Lawyer: Roy Hadavi,
 replied 8 months ago

Thank you for the clarification.

Answer: Unfortunately, the clause also includes that they may not hire an employee of the other company. Your best bet is to speak to your current employer about waiving the non-solicitation clause.

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