santosh_verma Posted May 11, 2012 Report Share Posted May 11, 2012 So I was worked with this company A fulltime for client X(Group Y) and then moved to different contracting position. Now company B offered me contracting position with same Client X (but in different Group Z). I have non-compete agreement of 1 YR with my previous company A to not to provide service to the client X. I'm confused as I'm not sure if this Non-compete agreement is applicable even if I join different group for Client X where Company A do not operates. Below is the Non-Compete agreement with this company. Time is critical for me so I would request urgent responses. "Non-Competition with Companies's key business clients;Employee agrees that while an employee of the company and for a period of tweleve(12) months after termination either voluntarily or involuntarily, Employee will not provide competitive products or services to any of the companies client with which Employee had material or substantial contact during the last tweleve(12) months of employee's employment with the company." Link to comment
JoeF Posted May 11, 2012 Report Share Posted May 11, 2012 Non-compete agreements are usually valid, except in California, where the CA Supreme Court has declared them invalid. Link to comment
inafixkiddo Posted May 11, 2012 Report Share Posted May 11, 2012 I think the non-compete agreement's sole purpose is to avoid any kind of poaching tactics. So, looks like you can be charged. Its advisable to take a word of some qualified attorney to avoid getting yourself into trouble in the future. Link to comment
wiweq Posted May 14, 2012 Report Share Posted May 14, 2012 Looks like you cannot join same client. Better to contact an attorney or join them after one year. Link to comment
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