State: NY.
Lets assume an employee (Shawn) has an existing relationship with Cool A/C. Cool A/C is a vendor of A/C solutions (hardware, maintenance, servicing) to large chain stores. Shawn introduces Cool A/C to Barts Grocery Store. Barts Grocery Store utilizes Cool A/C for their A/C solutions in all stores, everything goes great for years. Later, Barts Grocery Store hires Shawn in a senior level position. Among other things, the position involves overseeing and working with Cool A/C.
The employment contract includes standard non compete, confidentiality clauses, and a clause about "suppliers" that indicates the employee will not interfere with, cause to terminate or change the relationship.
A few years after being hired, Cool A/C makes an offer of employment to Shawn. Shawn accepts, provides proper notice to Barts Grocery. Nothing will change with the relationship between Cool A/C and Barts Grocery by Shawn moving.
Is there an issue here with conflict of interest and/or non-solicitation? Is this even conceivably enforceable?
Lets assume an employee (Shawn) has an existing relationship with Cool A/C. Cool A/C is a vendor of A/C solutions (hardware, maintenance, servicing) to large chain stores. Shawn introduces Cool A/C to Barts Grocery Store. Barts Grocery Store utilizes Cool A/C for their A/C solutions in all stores, everything goes great for years. Later, Barts Grocery Store hires Shawn in a senior level position. Among other things, the position involves overseeing and working with Cool A/C.
The employment contract includes standard non compete, confidentiality clauses, and a clause about "suppliers" that indicates the employee will not interfere with, cause to terminate or change the relationship.
A few years after being hired, Cool A/C makes an offer of employment to Shawn. Shawn accepts, provides proper notice to Barts Grocery. Nothing will change with the relationship between Cool A/C and Barts Grocery by Shawn moving.
Is there an issue here with conflict of interest and/or non-solicitation? Is this even conceivably enforceable?
Non-Solicitation Agreements: Conflict of Interest and Non-Solicitation Issues if a Vendor Hires a Client's Employe
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