|
[VIEWED 3020
TIMES]
|
SAVE! for ease of future access.
|
|
|
|
dausam
Please log in to subscribe to dausam's postings.
Posted on 08-27-13 1:06
PM
Reply
[Subscribe]
|
Login in to Rate this Post:
0 
? 
|
| |
Need some legal advise
Currently, i'm working as a Consultant in a desi company. My contract with my employer has a "Non Compete" clause. There are three vendors (Vendor A and Vendor B and Vendor C) between my employer and the end client. My employer does not have any contacts with Vendor B, Vendor C or the client.
My employer is from Texas, client is in VA
The client has offered me a job but my employer is saying i cannot take the job offer. what should i do..or what are my options
|
| |
|
|
|
|
STUPIDA
Please log in to subscribe to STUPIDA's postings.
Posted on 08-27-13 1:36
PM [Snapshot: 16]
Reply
[Subscribe]
|
| Login in to Rate this Post:
0
?
|
| |
check to see if there is a expiration date for the clause, usually 6 months to 1 year and sometimes 3 months. Also, how long is the wait so that this clause is void like if you quit ur consultinf company, and wait and re-join the client.
If you are an H1B employee, things will be complicated, But if you are not then go for it. All bloody suckers doesn't get enough after sucking from many more. Tell them you will directly go with Vendor A.
Make sure to communicate through emails so that you have a trail.
If nothing works, give them the money, after all thats what they want to suck.
In Texas these "Non Compete" cluase are usually in favours of employee, and usually have loop holes so to seek some initial laywer help is always a good idea.
Read carefully the cluase, usually they are not in that details simply becuase most of the time its not legal to force employee to work for you. And its unlikely that they will go after you becuase the reward is not big enough for them to persue in a court.
Remember, most of the time these clause while working with consulting compnay is there to scare their employee so that they can suck their employee for a unlimited time frame, and usually they are successful.
Best of all, try to solve through talks...with some money.....
|
| |
|
|
dausam
Please log in to subscribe to dausam's postings.
Posted on 08-27-13 2:57
PM [Snapshot: 68]
Reply
[Subscribe]
|
| Login in to Rate this Post:
0
?
|
| |
Thanks Stupida..
I just got greened..I do not see an expiration date of the contract but this is what it says.
Empl oyee shall not (directly or indirectly) engage in any activity in competition with or adverse to Compa ny or the business of Company during the term of this Agreem ent an d for one year following its termination.
|
| |
|
|
meraj
Please log in to subscribe to meraj's postings.
Posted on 08-28-13 6:56
AM [Snapshot: 207]
Reply
[Subscribe]
|
| Login in to Rate this Post:
0
?
|
| |
You should have never told ur employer that u are going to join client. If it come down to fight most probably it has to be resolved based on state law of your employer location. But if you don't have immigration issue to worry abt, go for it. Fighthard with desi blood sucker , mostly it will settle down before court , if not fight there. I was in this situation yrs back, but little different. I felt it's matter of ego...if I can't do something because of those blood sucker, I fought hard, I brought up case against employer with every agency possible. Everytually desh didn't dare to even talk about it and also paid all my dues. But you have to be ready to face consequence if fight became nasty .
|
| |
|
|
STUPIDA
Please log in to subscribe to STUPIDA's postings.
Posted on 08-28-13 9:37
AM [Snapshot: 237]
Reply
[Subscribe]
|
| Login in to Rate this Post:
0
?
|
| |
So clearfully look at this -
"Employee shallnot (directly or indirectly)engagein any activity in competitionwith oradversetoCompany or the businessof Company during the term of this Agreem ent and forone year followingits termination."
SO basically you have to wait one year after termination, and thats insane ...
Anyway, look at the clause, its so vague and general. There are no any minute detail sor any sort of explanation and examples. This is simply to scare people.
Also, since there are three sub vendors inbetween you and your end client, you are always argue that you couldn't go to Vendor 1 who is the main vendor for client. Your employer will have hard time proving their case, simply becuase Vendor B and Vendor C will have no reason to help your company.
Go for it, But dont try to make it worse. As somone suggested, doesn't make it a matter of ego or pride. Somethings are best when they are avoided.
If I were you, first simply talk out with your client that you will join after 1-2 week of vacation as full time. Get a contract letter.
Send email to your company saying that you have to quit the job for some family emegency and give them 2 weeks notice.
And then simply join clinet after 2 weeks of nice and full vacation.
If your company comes back to you then say that the the way I understood your "non-compete" cluase was that I cannot join Vendor A, where you have contract. Other company doesn't have contract with you. they might threatened you in the beginning ( make sure No discussion on Phone; everything through email or letter **** this is very important), but it is unlikely that they will pursue you in the court.
|
| |
|
|
dausam
Please log in to subscribe to dausam's postings.
Posted on 08-28-13 3:07
PM [Snapshot: 290]
Reply
[Subscribe]
|
| Login in to Rate this Post:
0
?
|
| |
Thanks guys for the suggestions..
My employer has threthended to sue and they will easily know if i quit saying its a family emergency. I am thinking of consulting a lawyer.
|
| |
|
|
.png)
