Joining Client Firm
I have been offered a position with my Current client, but i have below conditions in my Contract with my current employer (BIG 4). Need advice if i can join my client firm. I will update one more clause which is exception to these clauses.
Post-Employment Restriction re: Clients. I acknowledge that, because of the nature of my work for a ABC Entity, my solicitation or serving of certain clients related to my work for a ABC Entity would necessarily involve the unauthorized use or disclosure of Confidential Information, and the proprietary relationships and goodwill of the ABC Entities, and, in the case of my serving of certain clients, could compromise the full compliance of the Employer or another ABC Entity with the applicable laws, rules and regulations of a U.S. or India regulatory body or other independence-related requirement of a regulatory body. Accordingly, for a period of one year following the termination of my Employment for any reason, I will not, directly or indirectly, solicit or provide services to any client or prospective client of a ABC Entity to which I provided (or participated in a proposal to provide) services during the two-year period prior to termination of my Employment.
Exceptions to Post-Employment Restriction re: Clients. I understand that the obligations of Paragraph 12 will not apply for a period of three (3) years after my start date or the date of my promotion or transfer to clients of a ABC Entity and/or certain specified kinds of services endered to such clients that meet all of the following criteria: (a) are personal clients of mine who came to a ABC Entity solely to avail themselves of certain specified kinds of services rendered by me and only as a result of my own independent recruitment efforts, which a ABC Entity neither subsidized nor otherwise financially supported as part of a program of client development, (b) are listed on Exhibit D expressly by name with respect to client and with sufficient specificity with respect to the kinds of service(s) that I will be permitted to render, and (c) are accepted and agreed to as to their listing on Exhibit D by an Authorized Signatory who has signed at the bottom of such Exhibit. I agree that after a period of three (3) years from my start date or the date of my promotion or transfer the Employer will have invested sufficient time, financial support and effort in developing and serving the clients listed on Exhibit D to support the application of the obligations of Paragraph 12 to those clients.