Limitation on Client Representation by Employee

[jimkli]

My jurisdiction is: Texas

I have been working for a small consulting firm for over 9 years. During this time period, the company has not been able to secure work beyond the single government contract to which I have been assigned. It now appears that the agency to which I have been providing services is beginning a switch from using contractors to hiring Full Time Federal Employees.

I would like to apply for one of the job openings, but there is a clause in my employment contract which will make it very difficult. Should this current contract not be re-funded, I will be out of work. The company currently has no other contract to place me on.

Below is an excerpt from the contract which concerns me. Will this clause hold up in court? Are there any avenues which I could successfully fight this clause?

Limitation on Client Representation by Employee. Employee agrees that during the period in which this Agreement is in force, and for a period of eighteen (18) months thereafter, neither Employee nor any entity of which Employee is an officer, director, shareholder, partner, or other agent or representative shall seek or accept computer services consulting with any person or entity that was a client of Employer during the period in which this Agreement was in effect.

 

[Green_Hornet]

If you are applying for a Government job that clause does not apply.

 

[jimkli]

I like that answer, but why does it not apply? Since the government agecy with the new positions is a current client of my employer.

 

[Green_Hornet]

Because Government employment (Civil Service) is viewed as a right, that can not be waived by a contract clause. Look at it like this; say the employer has a contract with the Army, then the Army decided to give the work to active duty military. You decide to join the Army to do that job, a private employer of course could not stop that. Likewise civil service is similar.