Enforcement of non compete
Can an employer do selective non compete
I'm an employee for a consulting company and provided programming service for the client on project A. My company moved me out of town to another project. Now the client wants to hire me but for project B. My company does not have any buisness on project B. The company has let someone else go and work on project B from project A stating that they don't have any business on project B. Can they sue me on the grounds for working on project B. I'll be providing programming service on project B(same was true for the other employee).
My employment contract states "employee not to work directly for the client and provide programming services for 12 months from the date of termination where the employee reprensted the employer"
Any help will be greatly appreciated.
Thanks
Answers (1)
Based on your brief description, I cannot give you fully accurate advice. Nevertheless, I will try to give you a little legal background and some ideas about how you might follow up to resolve your situation:
Courts go through a multi factored test to determine whether a particular non compete agreement is enforceable, and the tests vary from state to state. In Ohio, as a general rule non compete agreements are enforceable, and the one you have described appears to be enfocreable. An employer is free to enforce or not enforce the agreement as they choose subject to certain restrictions such as anti discirmination and anti retaliation laws.
A restriction that prevents former employees from working for company clients for 12 months is almost certain to be upheld by an Ohio court.
Your best bet appears to be for you to try to work something out cooperatively with the client and your former employer. You do not appear to have much leverage here.
I suggest, however, that you seek local counsel and review the matter in detail. These questions are always highly fact specific and little details can make big differences. If this is an important issue for you, hiring counsel would be wise.
Good Luck
posted by Gregory Gordillo | Jul 6, 2004 11:38 PM [EST]
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