Non-compete agreement question

[Himanshuguptaa]

Hi

I am working in EVC model and have signed Non-compete agreement with my employer. I have various issues with my employer and So, I want to change my employer and work with same client but want to make sure I am following the law.

In the non-compete, I see below which say's agreement is effect to a period of 1 year. I have already worked more than an year. Does this mean this agreement is not valid anymore and I can join another employer for same client ?

Please help me with this. 

Term
CONSULTANT agrees that this Agreement shall be in effect to a period of One (1) year commencing on the date mentioned above.

Non-Compete Provision
During the term of this Agreement and any renewals thereof, CONSULTANT agrees that CONSULTANT will be liable for liquidated/legal damages to <xxx> if (a) CONSULTANT (i) provides or advises others of the opportunity to Provide, directly or indirectly, any services to any Client to which CONSULTANT has been Introduced or about which CONSULTANT has received information through <xxx> or through any Client for which CONSULTANT has performed services
or to which CONSULTANT has been Introduced under this Agreement; or (ii) ) retains or attempts to retain, directly or indirectly, for itself or for another party, the services of another one of the <xxx> Contractors or Employees to which CONSULTANT has been introduced or has received information about through <xxx> or through any Client for which CONSULTANT has performed services or to which CONSULTANT was introduced under this Agreement; and  (b) such services are provided or Such other Contractor or Employee is retained in any capacity whatsoever, including as Contractor or Employee.. This provision may be waived only on a case-by-case basis in writing by an authorized officer of <xxx>, in its sole discretion,
prior to CONSULTANT taking the action for which waiver is sought. Any such act would be liable to liquidated/ legal damages.

By-passing <> :

Should Consultant By-pass <xxx> & approaching either Implementationpartner/ System Integrator / vendor/ the client for Full time Employment, then without any conditions/ negotiations the consultant agrees to pay <xxx> one month salary or finder fees whichever is hiring , within one week of the written notice( via email or print copy mail ) from <xxx>. CONSULTANT further acknowledges covenants and agrees that he/she shall be
liable for any and all consequential and incidental damages including court cost and attorney fees incurred by <xxx> in collecting the liquidated damages or incurred in the successful prosecution of a claim by <xxx> against Consultant.

Thank you

Himanshu

[Himanshuguptaa]

please let me know

[JoeF]

You need to discuss this with a labor lawyer. People here are lay people.

In general, non-compete agreements kick in after the person leaves the job.

 

[gopalakrishnach]

I saw this post and did not know what to say thats why did not respond. As JoeF said talk to labor lawyer not here...

[Himanshuguptaa]

On 5/6/2019 at 7:00 PM, JoeF said:

You need to discuss this with a labor lawyer. People here are lay people.

In general, non-compete agreements kick in after the person leaves the job.

 

 

19 hours ago, gopalakrishnach said:

I saw this post and did not know what to say thats why did not respond. As JoeF said talk to labor lawyer not here...

ok thank you, will talk to lawyer also but wanted to see if anyone knows here. 

Will the lawyer gives his opinion in writing ? So, if he says there is no issue but it turns out to be wrong later, will lawyer take responsibility for that.

I never spoke to a lawyer so asking, please dont mind. 

[Himanshuguptaa]

 

On 5/6/2019 at 7:00 PM, JoeF said:

You need to discuss this with a labor lawyer. People here are lay people.

In general, non-compete agreements kick in after the person leaves the job.

 

can you please suggest any lawyer's, I tried few lawyers but they dont understand the EVC model at all.

[JoeF]

Labor law is state-specific. If you are looking for a labor lawyer you can use the referral service that the State Bar in your state has.

[Himanshuguptaa]

40 minutes ago, JoeF said:

Labor law is state-specific. If you are looking for a labor lawyer you can use the referral service that the State Bar in your state has.

My employer is in different state and Non Compete is per his state laws, I guess I need to consult with someone from his state and not where I currently work ? Pls let me know if I am wrong. 

[JoeF]

4 hours ago, Himanshuguptaa said:

My employer is in different state and Non Compete is per his state laws, I guess I need to consult with someone from his state and not where I currently work ? Pls let me know if I am wrong. 

Non-commercial agreements across states can be tricky. As far as I know it applies where you live.

I remember a case that was in the news years back, where some pretty high level executive moved to California for a new job, and his previous company sued. The courts in CA ruled that the non-compete was invalid in CA where the new job was.

But anyway, again, these are questions that you need to ask a lawyer. I am a lay person.

[Himanshuguptaa]

On 5/16/2019 at 10:28 PM, JoeF said:

Non-commercial agreements across states can be tricky. As far as I know it applies where you live.

I remember a case that was in the news years back, where some pretty high level executive moved to California for a new job, and his previous company sued. The courts in CA ruled that the non-compete was invalid in CA where the new job was.

But anyway, again, these are questions that you need to ask a lawyer. I am a lay person.

thank you Joef