Non solicitation clause
2 years ago
I had signed a non solicitation agreement with my previous organisation which was valid from the one year of termination date. Now it has been an year since I left the company, so can i join my ex colleagues company. Will there be any legal issues?
A.Dear Sir
Yes as it is already expired you can join the proposed company even otherwise section 27 of contract act protect you.
Yes as it is already expired you can join the proposed company even otherwise section 27 of contract act protect you.
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A.If it was valid for one year and its been one year then you are free to join your ex colleague company. You read the clause few times and decipher it properly or else hire a lawyer to do so.
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A.hello,
Indian judiciary has generally refused to enforce contract with non solicitation clause, so there would be very less chances if the company sues you in case. Also you are free to join your friends company and in case they sue you they have very less chances of suceeding in the same.
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Indian judiciary has generally refused to enforce contract with non solicitation clause, so there would be very less chances if the company sues you in case. Also you are free to join your friends company and in case they sue you they have very less chances of suceeding in the same.
if you find this review helpful.
Please rate
Thank you
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You could join your friends company. There would be no legal issues also Indian courts have refused to enforce non solicitation cluase contract.
Thanks
If you find this review helpful please rate.
You could join your friends company. There would be no legal issues also Indian courts have refused to enforce non solicitation cluase contract.
Thanks
If you find this review helpful please rate.
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Madhulika Bhatnagar
Responded 2 years ago
A.It mainly depends on the language of the non-solicitation clause that is used in your agreement. However, since a year has passed, there shouldn't be any legal issues with your joining your ex-colleagues company.
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