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for two years after separation of your employment, you shall not solicit, entice away, offer employment, or employ directly or indirectly (as employees, contractors, consultants), any employee, subcontractor or other agents of "Company Name" who is then working with "Company name" or who has worked with "Company Name" in the previous 12 months

Does this mean that I can't offer a job to any person who left the "Company Name" but not completed one year if it is not 2 years since I left my job from "Company Name"?

  • I believe that it means he can't offer you employment for the next 2 years per his unemployment. Also, if after 2 years he wants to give you an offer, you would have to have left "Company Name" for at least a year by that point. – Jackyef May 3 '17 at 9:43
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    Law.stockexchange.com might have some insight into this. – Xanne May 3 '17 at 10:13
  • To me this is a clause that prevents you from hiring anyone from "Company name" that you currently work with or worked with in the past 12 months. This clause is valid for 2 years. – Bhoomika Arora May 3 '17 at 10:24
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    @BhoomikaArora Not so: the governing consideration is not whether the prospective employee worked with OP but whether the prospective employee had worked or is working with the company OP is leaving. – StoneyB on hiatus May 3 '17 at 10:51
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    @StoneyB: I stand corrected. OP working with prospective employee is not a prerequisite. Just being in employment with the same employer either currently or in the 12 preceding months is sufficient to execute the clause. – Bhoomika Arora May 3 '17 at 10:59
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It means 12 months from date of contract ending. I.e. from when your contract of employment terminates.

So, anyone who works or has worked for them in the year preceding that event.

For law and interpretation, you may wish to check our legal sister site https://law.stackexchange.com/

| improve this answer | |
  • How will I transfer this question to law.stackexchange.com? – Ajay Bhasy May 3 '17 at 12:21
  • You can open a new question there and post a link to it here, if you wish. – MikeRoger May 3 '17 at 13:07
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    What date of contract? Or do you mean 'date of termination of your contract'? – Edwin Ashworth May 3 '17 at 22:01
  • Thanks @EdwinAshworth, tightened up my loose wording FYI. – MikeRoger May 5 '17 at 8:59

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