About David K. Staub Expertise I am a business and tax attorney and have spent more than 30 years assisting people with contracts in a wide variety of business situations. I can answer questions about basic contract issues. My experience includes almost all common contracts including employment agreements, contracts for the purchase and sale of a business, shareholder agreements, partnership agreements, LLC operating agreements, leases, software development agreements, distribution agreements, franchise agreements, joint venture agreements and software license agreements, to name a few. I can also direct people to sources for answers to specific legal questions which cannot be answered in a forum of this nature.
Experience
Experience in the area I have been an Illinois business attorney for almost 30 years. I have an extensive practice in the mergers and acquisitions area and have been involved in the tax and legal issues on hundreds of business transactions.
Organizations Illinois State Bar Association;
Chicago Bar Association (former Chairman of the Corporation & Business Law Committee and former Chairman of the Mergers and Acquisitions Subcommittee; former Executive Committee member, Federal Tax Committee and Chairman of subcommittee on general tax issues); Glenkirk Foundation (Trustee; Vice-Chairman/Strategic Planning); Association for Corporate Growth, Chicago Chapter; Midwest Entrepreneur Forum; Midwest Association of Alpha Delta Phi - President
Publications Commerce Magazine; YLS Journal; ISBA Section of Taxation Newsletter
Education/Credentials Harvard Law School, J.D., 1977; University of Illinois, B.S. in Accounting, with highest honors, 1974
Disclaimer Responses are intended to be informational only. No response is intended to constitute legal advice or create an attorney-client relationship. Online advice is not a substitute for consultation with an attorney.
Question I ama corporate meeting planner and have been offered employment but must sign a Contract of Employment. The employer is a licensee of a parent company. Within the contract is a Non-Competition and Non-Solicitation clause, it states in part that I shall not directly or indirectly render services to, or engage in any activities that were performed by Employee while at the Company including, but not limited to, seeking or accepting employment with or work from any existing client and/or prospective client of the Company." This applies for two years after I cease to be employed by the Company.
I'm concerned about the "prospective clients" part. Doesn't the agreement need to be more specific? The service the company provides is transferable to most any business. Is two years a typical duration?
Also, it states that I must advise any change of address and/or any positions I accept for a period of two years.
Thank you so much for your time.
Valerie
Answer You should have an attorney take a look at the entire contract. Often, the language is more broad than you would suspect at first reading it. For example, in many cases if you went to work for a new employer who had a single client that was recently a client of your company, you might be in breach of your agreement.
As for your specific questions, if there is no definition of "prospective client" you should certainly ask for one. Nearly any company may be a prospective client. It should at least be limited to company's which received a specific proposal or pitch from your proposed employer.
As for duration, two years is not unusual in a non-solicitation agreement.
