I’m interviewing with an agency that shares a client that I worked on at my prior agency that I left 2-3m ago. If my non-compete from that agency has the language “Employee shall not directly or indirectly solicit on Employee’s own behalf or own behalf of any other person, firm, or corporation, services similar to those provided while employed by Employer from any client of the Employer…” that doesn’t preclude me by being hired by this other agency…just from working on that shared client, right?

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Posting as :
works at
You are currently posting as works at

It’s not enforceable in the states

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Or anywhere you can’t stop people from working and you can’t renounce to your right to work. That clause is worthless.

Correct, in way simpler words this says: YOU CAN’T INTENTIONALLY OR ACCIDENTALLY WORK FOR YOURSELF OR OTHERS WHO DO THE SAME THINGS WE DO. Now that likely just means don’t work on a competitor’s brand (hence called a noncompete), it doesn’t mean you you can’t be employed and work on bug spray (weird example) or a different category. I AM NO LAWYER though, just a man. Happy hunting!

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Thanks 🙏🏻

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If the client was a client at the new place before you were even hired, I don’t see how this in any breaches a noncompete — especially if the agency decided to add you to the account after they hired you.

Your current employer, which you’re looking to leave, has a very weak legal standing, at least in the US.

Assuming you’re going to another ad agency, the services you provide are always going to be “similar”. If that exact language was enforceable, people wouldn’t be jumping agencies as much as they do in this industry.

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Not a lawyer, but, NDAs are kind of like wishlist items (especially when the NDAs dictate who their direct competitors are / name companies you can’t interview or work for).

But you should definitely discuss with your employer, and see how they want to handle the situation. Just in case.

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