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Post Info TOPIC: Solicitation For Employment
Anonymous

Date:
Solicitation For Employment
Permalink   
 

Hi,

 

I’m currently employed by my employer (company B) since July 2009 – Present, in the IT sector. I’ve been employed with my previous employer (company A) 2007 – June 2009.

 

In June 2009, my manager convinced our team of 3 staff to resign with him and seek employment with our current employer (company B). My previous employer (company A) was then forced to make a business deal with my current employer (company B) to take over clients (C & D) as they could not continue to provide a service to those specific clients without us as staff.

 

In 2010 my previous employer (company A) applied for liquidation and was liquidated soon after.

 

My question is: Can my current employer (company B) take any legal action against me if I seek employment with clients C or D? We have the below clause in our contracts of employment.

 

“Solicitation For Employment

 

An agreement is in place between the company and its principals,which supply software products to the company, that neither will offer employment to staff of the other without the prior written consent of the current employer.  It is also a condition of employment that staff do not seek or negotiate employment with any other of the company’s customers or prospects to whom you have been introduced by the company, without the prior written consent of the company.”

 

My take on things is that my previous employer (company A), who now seizes to exist, introduced me to clients (C & D).

 

Your advice would be highly appreciated.

 

Kind Regards,



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Labour Protect

Date:
Permalink   
 

The clause is quite straight forward. You cannot seek or negotiate employment with any of your current employers customers. That means that if companies C+D are customers of your current employer you cannot seek employment from them without the written consent of your current employer. Company A's relationship to companies C+D is irrelevant. Should you go ahead and seek such employment your employer is well within their rights to enforce the clause in court. I suggest you try an negotiate a written consent but they are not obliged to give it to you.



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Anonymous

Date:
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Thank you for the prompt reply! Much appreciated!

When I read the last part of the clause, the key word that stands out for me is "introduced". Surely I've been introduced to clients C & D by my previous employer and not by my current one?

 It is also a condition of employment that staff do not seek or negotiate employment with any other of the company’s customers or prospects to whom you have been introduced by the company, without the prior written consent of the company.



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