Non-Solicitation Agreements: Employee Wants to Work for a Client

lundi 10 novembre 2014

My question involves labor and employment law for the state of: Washington



I am not 100% sure this is in the right forum, but I am sure you will let me know :)



My husband works for a company that rents office space to clients. One of the clients has a job opening and my husband would like to apply to it. We have checked his non-complete clause and there is nothing in it that says he cannot work for clients, however the rental agreement for his client has this clause:





"While this agreement is in force and for a period of six months after it ends, neither Regus, nor the Client may knowingly solicit or offer employment to any of the other's staff employed in the Center. This obligation applies to any employee employed at the Center up to that employee's termination of employment, and for three months thereafter. It is stipulated that the breaching party shall pay the non-breaching party the equivalent of one year's salary for any employee concerned. Nothing in this clause shall prevent either party from employing an individual who responds in good faith and independently to an advertisement which is made to the public at large"



The last sentence leads me to think that if the position is advertised and my husband applies, then this clause is moot? The position has actually been open and advertised for quite a few weeks and my husband came across it.





Non-Solicitation Agreements: Employee Wants to Work for a Client

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