Q: What are possible penalties if I accept a position with a recent client of my current employer?
My son , employed by a small Maryland IT company serviced a contract for approx 2 years. The contract ended. The company extended only the work my son was doing. Now they want to engage my son as a full-time consultant (not an employee). At time of employment with current company he signed an agreement not to accept employment with a current/past company client for 2 years. He needs to understand what penalties can be levied if he accepts the offer.
A: An attorney would need to review the agreement to give you meaningful advice. I suggest you call a Maryland employment attorney for such a review and a consultation.
A: It depends on how the contract is worded. The employer can file a complaint in court for breach of contract. The penalty could be anything from specific performance (leave the employment with the past company) to some kind of money damages (loss of severance pay). He could also end up paying the employers legal fees for enforcing the contract.
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