What can I write to my contract employer to release and agree to hold harmless me from any and all causes of action and claims of any nature to a \”restrictive covenant\” clause, where I am a contract employee with them where they are a subcontactor to a government contractor, and the state government offered me a job; and my contractor clause states that I agree not to solicit Client or engage in a like or similar professional or occupation at Client\’s facility or any other facility at which you are directed to or actually perform services under this agreement, either directly or indirectly, for a period of 180 days following termination of my employment under the terms of the agreement, unless specific written authorization has been obtained from my contractor, and violation will result in me paying them an amount equal to 400 hours at the hourly rate stated as compensation for their efforts and costs incurred in connection with my employment hereunder?
I guess the first questio is whether employment with the government would be a conflict and breach of the no-compete/no-soliciation agreement. Are the definiations matching up? is the term “client” defined inyour agreement so that it would apply to the government?
If your new job would mean a breach of the agreement, then you should make sure to spend a couple of dollars and get legal advice before you take your next move. The result could be more than just 400 hours of pay; you could also wind up not having the sub-contractor job and also losing the government job in the same move.
if you need a formal release from your contractor and they are willing to give it, then that’s easier, but you should still probably make sure that you have a document that is properly drafted.
Lawrence Holzman
Joseph, Greenwald & Laake, P.A.
6404 Ivy Lane, Suite 400
Greenbelt, MD 20770