Hi, Not sure if this fits this sub forum. Asking anyway.
I currently work at a client location for a company A. I want to move to company B which is also an authorized vendor for the same client. My current position will not change. I have the client management support to do the switch.
Is this switch legal? does it come under NON COMPETITION agreement that is present in my offer letter. I joined company A here in USA and not a transfer from India. Below is the exact wording.
****For and in consideration of the Company’s entering into this Agreement and providing the compensation outlined herein, Employee agrees that, during the Employment and for a period of one (1) year after the termination of the Employment (irrespective of the reason for the termination of the mployment hereunder), the Employee shall not engage in any Competitive Activity. “Competitive Activity” shall mean either: (1) during the Employment, attempting to take or taking a business opportunity, whether for Employee or some third party, that could otherwise go to Company A or its affiliates; or(2)following the termination of Employment, directly or indirectly, as an employee,consultant, contractor or otherwise, performing services for, contacting for a business purpose, or soliciting the business of any Company A customer or prospect with whom the Employee has worked or interacted during the most recent two (2) years of the Employment with Company A.****