Q: As a contract employee of ALKU, I worked for their client Vanderbilt. ALKU Contract ended Dec 29th. Interested in full
time in house job with Vanderbilt. Does this clause in my former ALKU contract prevent my employment with Vanderbilt for the next 12 months.
Agreement Not to Solicit Clients. Employee agrees that during the
term of his employment by the Company and for a period of 12 months following the termination of
such employment, regardless of the reason for or manner of termination, whether voluntarily or
involuntarily, Employee shall not, either directly or indirectly, enter into an employment relationship,
either as an employee or independent contractor, with any of ALKU’s Clients to which Employee
provided services as an employee of ALKU, or to any affiliate, parent or subsidiary of such Client. The 12
month period in this Section 11 shall be tolled during any time periods during which Employee is in
breach of this Agreement and such breach is neither known to, nor reasonably discoverable by, the
Company.
A: The short answer is yes, but to get an accurate answer, you will need to hire an attorney familiar with non-competes to provide a detailed analysis of not only the provision language but the entire agreement, as well as the underlying facts of the work and employment. For a non-compete to be enforceable, there must be a protectable property interest at stake. It is not possible to make such a determination in a forum such as this.
Jeremy Donham agrees with this answer
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