Legal Question in Employment Law in Illinois
Can a NDA be enforced if I have not yet started working or even before i have appeared for an interview for the vendor?
Bloomington, IL
I spoke to a vendor A for a job as Java Developer in Vendor A>Vendor B>Client C. My profile was submitted to client C and i signed a NDA. Part of it:
"Consultant agrees that during the preliminary discussions, consultant or anyone acting on his behalf shall not solicit, directly or indirectly provide or advise another of the opportunity to provide, any services to a client"
However, when I did not hear from them for long, I came through another position for the same Vendor B>Client C but through a different vendor D. I went through an interview and got selected.
Can the vendor A still enforce the NDA?
1 Answer from Attorneys
Your "shorthand" is confusing. The main purpose of an NDA when it comes to prospective clients is that from the moment you first have contact with a prospect the idea is for you not to divert the client to another company providing the same or similar services. This obligation MAY end if the prospective customer declines the services of the company you represent when you first meet with them, but the idea is to give the company you represent "first shot" at obtaining the prospect as their customer. If this is what you meant, this is pretty much the guts of it.
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