Am I allowed to go to work for my employer’s client?

I am an exempt employee for a consulting firm. One of our clients would like to hire me. My employment agreement is at-will and does not mention this situation. The client’s contract has no restrictions on making me an offer. Are there any legal implications for me if I resign and accept an offer from my client?

Posted 02-09-2011

Ann Kiernan replies:

Fortunately for you, you work in California, which does not allow restrictive covenants or non-compete agreements in employee contracts. So go ahead and take that new job! But remember, you cannot use your current employer’s confidential and proprietary information.


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About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.