Legal Question in Employment Law in New York

Can a consultant leave agency to work for client placed by that agency?

My consulting company (where I am employed) placed me with a client and now the client wants me to join them as an employee. There is a clause in my original contract that I am forbiden to work for the client directly unless I have not done any consulting work for that client for at least a year. I have been with this client for almost 4 years now and my consulting company is in financial trouble (and cut my pay 15%). I really would like to work for the client and would like to know if such a clause is legal.


Asked on 5/29/02, 11:33 am

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Can a consultant leave agency to work for client placed by that agency?

Non-compete clauses are enforceable if reasonable in scope and duration, and supported by adequate consideration. Courts, however, will not bend over backwards to find them enforceable. Rather, they will scrutinize the provision carefully.

It is impossible to render legal advice with respect to a particular clause at issue and without discussion of the circumstances surrounding the current and potential employers.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; 156 West 56th Street, Suite 1902, New York, NY 10019; www.lawyers.com/alo

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Answered on 6/05/02, 1:26 am


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