Joining client company- however, agreement not renewed for new financial year, at the time of offer
Clause 1- "Client" means any person, firm, entity, business or organization for whom (a) Employee
performs or has performed services in the course of his or her employment with Employer,
(b) Employee has submitted or assisted in the submission of a proposal for business on
behalf of Employer or (c) any firm, entity or business that is a client of Protiviti or its
subsidiaries, affiliates and member firms, with whom Employee has performed services or
assisted in the performance of services.
Clause 2- Unless the Employee receives the written consent of the Employer, the Employee agrees
that in order to preserve and protect Confidential Information, intellectual property, the
goodwill of the Company, and in consideration and in view of (i) Employee's position with
Employer, (ii) the valuable consideration furnished to the Employee by Employer
employing Employee and entering into this Agreement, (iii) Employee's access to
Confidential Information, intellectual property and trade secrets of Employer and Protiviti,
and (iv) the value of such Confidential Information, intellectual property, and trade secrets
to Employer, the Employee will not, during the course of employment and for a period of
twelve (12) months after the Termination Date (regardless of the reason for termination or
whether such termination was by Employer or by the Employee), directly or indirectly:
(a) Solicit employment with a Client or join the services of a Client or act as an
employee, advisor or consultant (whether in public practice or on own account or
as an employee, consultant, partner or any other relationship) with any Client;
(b) Solicit business from, or provide audit, accounting or consulting services or
interfere with, any person, company or trust who was at any time preceding the
cessation of the Employee’s employment, a Client of the Company;
(c) employ or engage or in any way attempt to engage (either on own account or for
or on account of anyone else) any person who is, or was at any time during the
period of 24 months preceding the cessation of the Employee’s employment with
the Company, an employee, partner, director or managing director of the
Company whether or not that person would breach their employment agreement;
or
My question- I got offer from client (subsidiary company where i was performing services) when there was no valid agreement between my employer and the client during FY-23-24. However, at the time of joining the client the agreement with employer and client was signed. Does above clause from the employment agreement restricts me to join the client company or can they raise damage claims if the join the client company.