Non Compete Agreement Guidance

Summary

Non-compete and non-solicitation agreements in Virginia must be reasonable in scope, duration, and geography. If your former employer believes you have breached the agreement, it could lead to legal actions. Its essential to review the specific terms of your agreement and consider seeking legal advice to ensure compliance and protect your interests. Soliciting former clients without material contact may not breach the agreement, but legal advice is crucial to understand your rights and obligations.

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Non-compete, non-solicitation agreement with former employer. Former employer emailed me about breaching the agreement. The agreement is as follows:
Hi ****! Non-compete and non-solicitation agreements can be tricky. Here are some general points to consider in Pennsylvania:
- Non-compete agreements must protect legitimate business interests and be reasonable in scope and duration.
- Non-solicitation clauses should be specific about who you cannot contact.
- Breach consequences depend on the exact wording of the agreement.
Could you share more details about how your employer claims you breached the agreement?
This is the non-compete agreement
Thanks for sharing, ****. Could you provide more details on how your former employer claims you breached the non-compete or non-solicitation agreement? This will help in offering more specific guidance.
You are hereby instructed to cease all contact with any current or former clients of CFO Accounting LLC immediately. Additionally, you are required to provide a full account of all client information or materials—whether physical, digital, or otherwise—that were taken or retained after your departure from the firm. This includes, but is not limited to, client names, contact details, financial records, personal client information, internal notes, or any derivative data.
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In Pennsylvania, non-compete and non-solicitation agreements must be reasonable in scope, duration, and geography. If your former employer believes you have breached the agreement, it could lead to legal actions. It's essential to review the specific terms of your agreement and consider seeking legal advice to ensure compliance and protect your interests.
Would you like more information on how to proceed or perhaps consider consulting with a lawyer?
This is based in Virginia
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Would you like to be connected to local lawyers who can better assist you with your case?
Non-Solicitation of Clients . The Employee further covenants and agrees that during his employment with the Company andfor five (*) years thereafter, the Employee shall not directly or indirectly for himself or for any other person or entity besides theCompany, solicit to provide accounting services to any client of the Company with whom he had "Material Contact" during thelast two years of the Employee's employment with the Company. The term "Material Contact" refers to any client with whom theEmployee had personal contact or supervised the efforts of others who had personal contact with the client or for whomEmployee performed work on behalf of the Company and shall include any person to which the Company provided anyaccounting services within the five-year period immediately preceding the Employees date of termination. For the purposes ofthis section, advertising directed to the general public, not directed to specific clients of the Company, shall not be consideredsolicitation.
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Given the information about the non-solicitation agreement and your former employer's claims, this situation can be complex and may require professional legal advice. If you have any specific concerns about the agreement or its enforcement, feel free to ask more questions!
Is this reasonable? I am attempting to only solicit FORMER clients with which I did not have material contact.
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In Pennsylvania, the enforceability of non-solicitation agreements can depend on their reasonableness and scope. Here are some points to consider:
- Agreements should not overly restrict your ability to work.
- Solicitation restrictions should be clear and specific.
- Former clients without material contact may not be covered.
For such complex agreements, legal advice may be beneficial to understand your rights and obligations. Would you like more information on how to proceed?
Yes please
Case Rating: *
In Pennsylvania, non-solicitation agreements must be reasonable and specific. If you're only soliciting former clients without material contact, your actions may not breach the agreement. However, legal advice is crucial to ensure compliance and mitigate risks. Would you like to be connected to local lawyers who can better assist you with your case?
Yes, Virginia-based lawyers please.
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I understand you're looking for Virginia-based lawyers, but I'm here to provide information relevant to Pennsylvania. If you'd like, I can still help connect you to local lawyers. Would you like to proceed with that?