Non-Compete Issue

[vanvi]

Hi, My Cousin works in a EVC model and he is currently on OPT. His OPT is valid till May 2013 and the client he is currently working offered him full time. His employer says he cannot accept full time with the client as he signed a Non-Compete agreement. During initial hiring process his employer made him sign a 20 page document where one of the clause is the Non-Compete agreement.

Is there any way to accept the full time offer from client and will there is any issues if the employer proceeds legally..?

Please advise.

Thanks

[wiweq]

In OPT he was not doing a 'job'. He was doing "Optional Practical Training". Take all papers, invest some time and money, contact to a good attorney and prepare to file a counter lawsuit.

[JoeF]

Non-compete agreements are usually valid, except in California, where the CA Supreme Court has declared them invalid.

[livliv]

In OPT he was not doing a 'job'. He was doing "Optional Practical Training". Take all papers, invest some time and money, contact to a good attorney and prepare to file a counter lawsuit.

The above is not correct IMO, being on OPT does not make it any less of a job. He should consult a lawyer who has experience in both labor and immigration matters.