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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have a non solicit agreement with my former employer .. If

Resolved Question:

I have a non solicit agreement with my former employer ..
If one of there ex employees asked to join my company as a director .. Would this cause a breach?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill : Hello my name is ***** ***** I am happy to help you today. Is the employer likely to suffer a financial loss if you do this?
Customer:

Hello ..no, that particular person has already left the company.

taratill : What does the covenant say exactly?
Customer:

The contract mentions that it will restrict me from 3 months from directly or indirectly soliciting employees whom you have had dealings with in the previous 12 months

Customer:

* soliciting or employing

Customer:

This is a brand new company we are setting up

taratill : Ok please bear with me I am travelling I will respond in full when I arrive.
Customer:

oh ok no problems - thanks

Customer:

This also was not the reason the person resigned from the company - they resgined to look for work elsewhere, not with myself originally.

taratill :

Ok sorry for the delay I am now back on a proper computer. Do you have the exact wording of the clause?

Customer:

Hi

Customer:

Hi,

Customer:

Part A: They will restrict you for 3 months after your employment has terminated , from directrly or indirectly solicitating Rackspace customers whom you had personal dealings....

Customer:

Part B: ... or employing ir solicitating employees with whom you have personally been in the habit of dealing with in the course of your duties in the preceeding 12 months, for a period of 6 months following the termination date

taratill :

Hi the clause itself covers the situation as, even if the employee has already left, this can be considered to be indirect solicitation.

taratill :

It is safer to wait the 6 months if possible but if it is unlikely to cause your ex employer a financial loss they are unlikely to take action as it will cost them tens of thousands of pounds to do so and will not be economical if they are not likely to suffer at least an equivalent financial loss.

taratill :

If you have any further questions please do ask.

taratill and other Employment Law Specialists are ready to help you