Legal Question in Employment Law in District of Columbia
Non compete enforcement
I have a job offer from a client of my former employer. The job is in California. I signed this Non compete in DC when I quitted the software job in Jan 07: ''Further I shall not at any time use any confidential information of the company to negatively influence any of the company�s clients or customers from purchasing company products or services or to solicit or influence or attempt to influence any client, customer or other person either directly or indirectly, to direct his or its purchase of products and/or services to any person, firm, corporation, institution or other entity in competition with the business of the Company.''
The client is not using the software product or service of my previous employer for a few months now.
1. I want to know if I am in breach if it I move California and take up the job.
2. Even if it is a violation what would be the penalty?
3. Can I take any steps in advance to not to affect my employment if I join this job in California?
1 Answer from Attorneys
Re: Non compete enforcement
Under this kind of generally worded non-compete agreement, your former employer could probabably (if it wanted to)find something to charge you with for an alleged breach of the ageeement.
The case against you would likely have to be filed in DC if that's where the agreement was made and that could prove problematical for the plaintiff if you were living in California.
Regarding your last question, about the only thing that comes to mind is to minimize the opportunities to the extent that you can of your former employer learning about your new employment status with one of its clients.