Is Non-Compete enforceable in this case?
I'm leaving Accenture for a FAANG, but just realized I signed a non-compete. However, I don't think it applies to me when I read through it. To cite the relevant stuff "If you leave Accenture, for 12 months...you agree not to perform professional services within the territory for, or solicit for the purpose of performing professional services for: 1. Any client of ACN for whom you performed professional services during the 18 months prior to release and 2. any prospective client of Accenture, 'prospective client' is defined as any person or entity to which you have submitted a proposal...during the 18 months prior to release" I don't think 1 applies to me because I never worked for this company as a consultant with ACN, and I believe 2 doesn't either because I never submitted a proposal for work to this company as a consultant as well. Any thoughts?
Blind isn’t going to help. Talk to a lawyer. Seriously- I just had one redo an employment agreement and while it cost me $250, it saved me from being locked out of the industry for 2 years.
thanks, I'll consult with a lawyer but from speaking with others who made the jump + reading all my documents, it doesn't seem like anything would preclude me from moving. But I'll get a legal opinion nonetheless.
“Performing professional services” is barring from you from leaving Accenture and directly contracting with your client, cutting them out as the middle man. “Performing professional services” has nothing to do with employment.
What state are you in? It's unenforceable in California anyway
Connecticut but I'll be moving to CA
It seems like you’re clear, but how would they even know? Don’t update your LinkedIn until you’re ready to switch again in a few years
Op’ could you share what lawyer Suggested?
Yes it’s clear and you’re in the clear