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  1. #1
    Relic Shield
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    BG Legal - Non-Solicitation agreement advice

    Hey everyone,

    Long story short - there's a job posting in my town that looks amazing. I check all the boxes including the 'big plus if you have this' ones. I'm 90% sure given the posting and the field I am in that I would at least make it to an interview unless I really botch the application. The main hesitation is that I'm under a non-solicitation agreement (not a non-compete) and I would really prefer to not get sued. Anyone have an advice on if this is actually enforceable or if it's even worth the risk if my current company decided to try to enforce it while knowing it would fail?

    -I'm in Texas, but the statement for the non-solicit states that it will fall under Missouri laws.
    -It is absolutely a direct competing service, no question about that.
    -My role will in no way be in sales or anything like that. Other people find the jobs and I would go out and do the jobs. I can't really see how I could solicit anything unless I sent a direct email to someone stating who my companies current clients are.
    -There aren't really any trade secrets in my field. All the knowledge is publicly available online.

  2. #2
    Brown Recluse
    Sweaty Dick Punching Enthusiast

    Join Date
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    Unicorn

    Usually those have a shelf life or if you leave early you have to pay back the signing bonus

  3. #3
    Relic Shield
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    That's another part where I believe it's not enforceable. There was no signing bonus or anything like that and I can't find any reason for them to have it other than they want to restrict where their employees can go.

  4. #4
    Black Belt
    Join Date
    Feb 2010
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    Sylph

    Quote Originally Posted by Daydreamer View Post
    Hey everyone,

    Long story short - there's a job posting in my town that looks amazing. I check all the boxes including the 'big plus if you have this' ones. I'm 90% sure given the posting and the field I am in that I would at least make it to an interview unless I really botch the application. The main hesitation is that I'm under a non-solicitation agreement (not a non-compete) and I would really prefer to not get sued. Anyone have an advice on if this is actually enforceable or if it's even worth the risk if my current company decided to try to enforce it while knowing it would fail?

    -I'm in Texas, but the statement for the non-solicit states that it will fall under Missouri laws.
    -It is absolutely a direct competing service, no question about that.
    -My role will in no way be in sales or anything like that. Other people find the jobs and I would go out and do the jobs. I can't really see how I could solicit anything unless I sent a direct email to someone stating who my companies current clients are.
    -There aren't really any trade secrets in my field. All the knowledge is publicly available online.
    These are really hard to enforce, especially in states like California.

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