u/Dismal-Cookie3261

This is in Minnesota- I work for a consulting firm and have a non-solicit clause in my engagement contract. The short version: our client can't hire me for 2 years after the engagement ends without my employer's written consent. There's also a carve-out - if I'm terminated by my employer before any employment discussions begin, the restriction doesn't apply.

Here's my situation: I found what seems like a perfect role at one of our clients. The private equity firm that owns the client is stonewalling and won't engage with my employer to work something out. Their stated issue is optics - they don't want to be seen poaching from their own consultants. The irony? This PE firm is the primary source of my consulting firm's revenue, meaning they have significant leverage here but are choosing not to use it.

If my employer simply gives written consent, everything is resolved cleanly - no breach, no liquidated damages, no drama for anyone. But the PE firm won't even have the conversation.

My questions:

1. Has anyone successfully negotiated written consent from their employer in a situation like this? How did you approach it?
2. Should I try to bypass the PE firm entirely and get my employer to grant consent on their own, since it's technically their right to waive?
3. Has anyone dealt with a PE firm creating unnecessary friction in a situation like this?

For context, the liquidated damages for a breach are significant (1 year of professional fees), so I want to do this the right way. I'd love to hear from anyone who's navigated something similar.

My thought is to reiterate that the role HAS NO IMPACT ON MY COMPANY AND THEIR CONTRACT - I’d be on a new team. No revenue would be lost. No work would be lost.

Thank you in advance. This is my dream job and I’m super frustrated.

EDIT - this is an ENGAGEMENT LETTER NON SOLICIT - Between my company and customer - not me specifically.

I work for a consulting firm and have a non-solicit clause in my engagement contract. The short version: our client can't hire me for 2 years after the engagement ends without my employer's written consent. There's also a carve-out - if I'm terminated by my employer before any employment discussions begin, the restriction doesn't apply.

Here's my situation: I found what seems like a perfect role at one of our clients. The private equity firm that owns the client is stonewalling and won't engage with my employer to work something out. Their stated issue is optics - they don't want to be seen poaching from their own consultants. The irony? This PE firm is the primary source of my consulting firm's revenue, meaning they have significant leverage here but are choosing not to use it.

If my employer simply gives written consent, everything is resolved cleanly - no breach, no liquidated damages, no drama for anyone. But the PE firm won't even have the conversation.

My questions:

1. Has anyone successfully negotiated written consent from their employer in a situation like this? How did you approach it?
2. Should I try to bypass the PE firm entirely and get my employer to grant consent on their own, since it's technically their right to waive?
3. Has anyone dealt with a PE firm creating unnecessary friction in a situation like this?

For context, the liquidated damages for a breach are significant (1 year of professional fees), so I want to do this the right way. I'd love to hear from anyone who's navigated something similar.