I have a question about the conflict of interest clause in an employment contract. The contract was signed by an

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Customer: Hi, I have a question about the conflict of interest clause in an employment contract.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: The contract was signed by an employee of a small business.
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: salaried, at will
JA: Anything else you want the Lawyer to know before I connect you?
Customer: These clauses are in my contract and I was offered a job, a much better job, by a customer of my employer:
Answered by Debra in 8 hours 2 years ago
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Debra
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Debra
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Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

What is your specific question?

Customer
I am working for a customer of my employer. The customer wants me to hire me directly, cancel their contract with my employer and have me quit my job with my employer. I want to take the job with the customer and give notice to my employer. My employment contract has conflict of interest clauses. I want to know if I can proceed to quit my job and take a job with the customer. It may be my employer will loose the contract with the customer but that is uncertain
Customer
I reside in Canada
Customer
I attached the specific conflict of interest clauses to my original requestThanks
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Debra, Expert

It's not hear and I do need to read it so please try again. I am in Canada.

Customer
Can I send it by email? It is not on my phone
Customer
What email can I send it to
Customer
Conflict of interest 17 During the term of the employees active employment with the employer it is understood and agreed that any business opportunity relating to or similar to the employers actual or reasonably anticipated business opportunities coming to the attention of the employee is an opportunity belonging to the employer. Therefore, the employee will advise the employer of the opportunity and cannot pursue The opportunity, directly or indirectly, without the written consent of
the employer18. During the term of the employees active employment with the employer, the employee will not directly or indirectly, engage or participate in any other business activities that the employer, in it's reasonable discretion, determines to be in conflict with the best interests of the employer without the written consent of the employer.
Customer
These are the 2 sections related to Conflict of interest in my employment contract
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Debra, Expert

Aren't there other provisions that talk about competition?

Customer
Should I email you the entire contract? There are no other provisions for competition but there are provisions for solicitation.
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Debra, Expert

Sure.

Customer
Is it 100% confidential guaranteed?
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Debra, Expert

No. It's not. So what you should do is copy and paste the provisions to deal with nonsolicitation.

Customer
24. During the term of the Employee's active employment with the Employer. and for two (2) years
thereafter the Employee will not divert or attempt to divert from the Employer any business the
Employer had enjoyed, solicited. or attempted to solicit from its customers, prior to termination or
expiration as the case may be of the employee's employment with the employer.
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Debra, Expert

So you are fine to compete but you will have to be able to show that this client approached you and not the other way around.

If you are found to compete in this case they could sue for considerable damages as they are losing a client over this.

Do you see what I mean?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Ok, Thank YOU Debra. The client did approach. So is their word and my word good enough to prove this:)
Customer
Hi
Customer
What does "compete" mean.... good to compete... but if found to compete could be sued??
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Debra, Expert

You might be competing because you are taking their client but you don't have a non-competition clause.

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