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My employer, "company A", has me on an unjust PIP. I am applying for other jobs. A customer of theirs has an open position which is similar to mine. I have done work for that customer (while at Company A and a previous company), and I have visited them onsite as an employee of Company A. The PIP is not related to any work I did for that customer.

Company A does not let me disclose the names of their customers to anyone. I think this is true even of customers who are listed on their public-facing website. The customer is a large company. The open job is in a different department from the one I visited.

May I apply to the job with the customer before I am let go? After? And if I do, can my cover letter mention the fact that I've already worked with them?

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    Whether you can apply to a customer will depend on the non-compete agreement you have with your employer, not the non-disclosure agreement. Whether the customer can hire you will depend on the agreement the customer has with your employer. Most employers that do some sort of consulting work with customers will require you to sign a non-compete agreement and will have at least a non-solicitation agreement with their customers. Commented May 19, 2019 at 15:03

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May I apply to the job with the customer before I am let go?

Yes.

After?

Yes.

And if I do, can my cover letter mention the fact that I've already worked with them?

Most likely, Yes.

Read your NDA carefully to see if somehow it prohibits you from mentioning this. It's extremely unlikely that it does.

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    Agree, and if the NDA really inlcudes this, he/she should consult a lawyer. Depending on country, contract, time that clause may be not always enforcable.
    – Sascha
    Commented May 20, 2019 at 8:19

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