Non Compete by Employer
Hi,
My previous organization, in its offer letter and exit undertaking had a non-compete clause attached to it. I recently received an offer letter from a competitor, and wanted to check if I can be sued due to join (working in sales). Have mentioned the undertaking below:
10. Non-Compete, Non- Solicitation and Non-Disparagement: During the term of your employment
at the Company and for 3 (three) years after ceasing to be an employee with the Company,
regardless of the reason for the employment termination, you will not, directly or indirectly:
a. engage in or be connected with any business competing with the business of the
Company, engaged in or proposed to be engaged in whether as an officer, director,
stockholder, owner, employee, partner, affiliate or consultant, or assist others engaging
in any competing such business;
b. induce, solicit, persuade, entice or attempt to induce, solicit, persuade or entice, any
person or entity associated with the Company as an employee, consultant, agent or
customer to terminate or leave his, her or its association with the Company;
c. in any way publicly disparage, call into disrepute, defame, slander or otherwise criticize
the Company its subsidiaries, affiliates, successors, assigns, officers or its products or
services. You shall not in any manner make any statement that would damage the
business or reputation of the Company.
d. You acknowledge that the Company may, in reliance of this agreement, provide you
access to trade secrets, customers and other confidential data and good will. You agree
to retain said information as confidential and not to use said information on your own
behalf or disclose the same to any third party. You also agree to take reasonable security
measures to prevent accidental disclosure.
e. Breach of this Clause would cause irreparable harm and injury to Company for which
monetary damages would not be an adequate remedy and, therefore, the Company is
entitled to injunctive relief which is cumulative and in addition to any other rights and
remedies available to the Company at law or in equity.