Legal Question in Employment Law in New York

I signed an employment agreement with a non competition clause that was voided since I was terminated by the company.

The non solicitation clause that says the following:

During the term of Employee�s employment and for a period of three Years thereafter, Employee will not, directly or indirectly, whether as an employee, employer, consultant, or in any other capacity, and whether for employer or another�s benefit: (a) engage or solicit (other than in the performance of the employee�s employment duties with company) with any of company�s customers who were such at any time during employee�s employment with company to induce them to cease doing business with company.

Here is the situation. I asked a client of my ex-employer for a job referral and they tell me they want to work with me. They also tell me that the motivation for this is that my ex-employer is not satisfying their needs and that they will cease doing business with my ex employer.

Do I have the right to work for this client as a consultant if this client initiated the contact? If so, what do I need to prove it?

Since the client want to cease doing business, I am not harming my ex-employer�s business, correct? If so, what do I need to prove it?

This is for New York State (New York City).

1 Answer from Attorneys

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