Hi
So I am transitioning to a new job with the VA Health system. I have arranged to do some side work with a new company as well as an independent contractor. Today, my soon to be old employer asked me if I would be able/willing to help them out from time to time as well.
My contractor work is more of an agreement than formal contract, but still has legal document. A lot of it is related to competing where they work or stealing business from them based on the hospital privileges I gain through them (i.e. don't steal there business).
My impression is that I could do it as long as it does not interfere with already scheduled duties with them, i.e. don't back out of a shift to read for them. My soon to be old employer does not have any relationship with this company.
Thank you
Language that is relevant is below:
7. Agreement Not to Compete
a. Contractor agrees not to engage in any activities in conflict with Contractor‘s obligations to XXXXX under this Agreement, including any activities that limit, impair, devalue or divert the business or prospective teleradiology business of XXXXX.
b. Contractor acknowledges that services Contractor performs for XXXXX may relate to past, present or future strategies, plans, business activities, methods, processes and/or information which afford XXXXX certain competitive or strategic advantages. To further ensure the protection of XXXXX’s interests in this regard, and unless otherwise authorized by XXXXX in advance and in writing, Contractor agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor shall not perform or agree to perform Teleradiology Services directly or indirectly, as employer, owner, independent contractor, consultant, officer, director, principal, member, manager, agent, trustee or through the agency of any individual, proprietorship, corporation, partnership, limited liability company, any type of partnership, association, agent or agency to or for any person, business or entity, to any Client of XXXXX.
8. Agreement Not to Solicit
Contractor further agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor will not, directly or indirectly, on behalf of Contractor or any other person or entity with whom Contractor may be employed or associated, solicit or divert the business of any Client of XXXXX, or any person or entity whom AVR had identified as a potential Client during that time, or any person or entity whose name became known to Contractor as a potential Client during that time. Contractor further agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor will not, directly or indirectly, on behalf of Contractor or any other person or entity with whom Contractor may be employed or associated, solicit, divert or encourage the employment for Teleradiology Services of any employee or contractor of XXXXX by any other person or entity.
9. No Conflicting Obligations
Contractor agrees during the term of this Agreement not to accept or conduct work or enter into any contract or duty, inconsistent or incompatible with Contractor’s obligations under this Agreement or the scope of services rendered for XXXXX. Contractor warrants that there is and will be no such inconsistent contract or duty.
So I am transitioning to a new job with the VA Health system. I have arranged to do some side work with a new company as well as an independent contractor. Today, my soon to be old employer asked me if I would be able/willing to help them out from time to time as well.
My contractor work is more of an agreement than formal contract, but still has legal document. A lot of it is related to competing where they work or stealing business from them based on the hospital privileges I gain through them (i.e. don't steal there business).
My impression is that I could do it as long as it does not interfere with already scheduled duties with them, i.e. don't back out of a shift to read for them. My soon to be old employer does not have any relationship with this company.
Thank you
Language that is relevant is below:
7. Agreement Not to Compete
a. Contractor agrees not to engage in any activities in conflict with Contractor‘s obligations to XXXXX under this Agreement, including any activities that limit, impair, devalue or divert the business or prospective teleradiology business of XXXXX.
b. Contractor acknowledges that services Contractor performs for XXXXX may relate to past, present or future strategies, plans, business activities, methods, processes and/or information which afford XXXXX certain competitive or strategic advantages. To further ensure the protection of XXXXX’s interests in this regard, and unless otherwise authorized by XXXXX in advance and in writing, Contractor agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor shall not perform or agree to perform Teleradiology Services directly or indirectly, as employer, owner, independent contractor, consultant, officer, director, principal, member, manager, agent, trustee or through the agency of any individual, proprietorship, corporation, partnership, limited liability company, any type of partnership, association, agent or agency to or for any person, business or entity, to any Client of XXXXX.
8. Agreement Not to Solicit
Contractor further agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor will not, directly or indirectly, on behalf of Contractor or any other person or entity with whom Contractor may be employed or associated, solicit or divert the business of any Client of XXXXX, or any person or entity whom AVR had identified as a potential Client during that time, or any person or entity whose name became known to Contractor as a potential Client during that time. Contractor further agrees that during the term of this Agreement, and for a period of twenty-four (24) months thereafter, Contractor will not, directly or indirectly, on behalf of Contractor or any other person or entity with whom Contractor may be employed or associated, solicit, divert or encourage the employment for Teleradiology Services of any employee or contractor of XXXXX by any other person or entity.
9. No Conflicting Obligations
Contractor agrees during the term of this Agreement not to accept or conduct work or enter into any contract or duty, inconsistent or incompatible with Contractor’s obligations under this Agreement or the scope of services rendered for XXXXX. Contractor warrants that there is and will be no such inconsistent contract or duty.
