Joining a service company and working for same client
My current company (A) lost a client and they gave business to another company (B).
Company B has offered me a job for the same client and same project.
Will I have any legal consequences ?
Clause in offer letter :
You agree and covenant that during the period of your service and for a period of one year after
your separation (regardless if this separation is voluntary or involuntary, or caused by breach of
this agreement) from the Company, except with the prior written consent from the Managing
Director of the Company, directly or indirectly, either on your own behalf or on behalf of any other
individual, firm or company including, without limitation:
i. Seek to procure work from or do business with any individual, firm or company for whom the
Company or its wholly owned subsidiaries / associate companies has, at any time during the
twelve months immediately preceding the termination of your Contract provided services to; or,
ii. Solicit or entice away any of such individuals, firms or companies whom you have called or
have interacted with or with whom you deal with or had an occasion to deal with either directly
or indirectly by reason of your employment with ITC Infotech or,
iii. Solicit, entice and/or recruit any person who at the time of the termination of your employment
or any time during the twelve months preceding such termination was engaged by the
Company or any of its subsidiary/associate companies.
iv. Assist, engage, participate or be concerned in any action, including providing of services or
products such as or similar to those provided by the Company or its wholly owned subsidiaries
/ associate companies, that may divert the business or patronage of any customer from the
Company or its wholly owned subsidiaries/associate companies, or otherwise damage or
alienate the relationship between the Company or its wholly owned subsidiaries/associate
companies and any such customer; Customer for the purpose of this subsection (iv) shall mean
any business entity , firm, individual, or company, prospective or otherwise , with whom the
Company or its wholly owned subsidiaries/associate companies, has/had relationship , with
whom you deal with or had an occasion to deal with , directly or indirectly by reason of your
employment with the Company