Non-Competition and Non-Solicitation agreement

[ddev_visa]

I want to take legal opinion regarding contracts between me and my employer. I have been working with them from past 2 years.

A brief description of the issue -

I am working as consultant in company A through a vendor company B , my employer being company C ( holds her H1b visa). I have a contract with both company B(2000$ per month for 1 year) and C(10,000$) that I am not suppose to take-up direct employment with company A. Now we need to take a legal opinion regarding the implications if I breaks the above contract and joins company A.

Please advice, what is the better way to start working with Company A.

Do i need to talk to B and C and come to some agreement / negotiation?

Appreciate your response.

[JoeF]

You can't get a legal opinion on the Internet. Nobdoy, not even lawyers, can give you a legal opinion over the Net. That's simply not allowed.

If you want a legal opinion, you would have to schedule a consultation with a lawyer.

[chtummala]

does company A wants you as full time ..

what kind of contract does company A has with Company B

[ddev_visa]

@JoeF:Legal opinion, might not be the right word. Sorry abt that.

I just wanted to get some inputs and know the experiences as this could be a familiar ones.

@chtummala: Yes Company A wants me as a full time.

Contract is between Me and B(Vendor) is not to join the client to whom I worked thr them for 1 year after i finish the contract time.

Contract between Me and C(My Employer) is not to join the client to whom I worked thr them for 1 year after i finish the contract time.

Appreciate your responses.

[wiweq]

"Contract is between Me and B(Vendor) is not to join the client to whom I worked thr them for 1 year after i finish the contract time.

"

=> You shouldn't have any obligation to sign the contract with vendor. Why did you sign that? Your employer might have contract with vendor, but you are free to deny anything from your vendor.

On H1b you are only obliged to follow and managed by your H1b employer only.

[catx]

It sounds like the contract with your employer is reasonable and would be binding. You cannot quit your employer to become an employee of your client (for 1 year). That being said, a way this can happen is for your client to talk directly to your employer and reach an agreement for you to make the change. This may involve your client reimbursing your employer for certain expenses.

A direct contract between you and the vendor may not be valid. The vendor contracts are with the client and employer companies, not directly with you. However, the contract between the vendor and your employer regarding the employees may result in issues with your employer.

The only way to know what you can and cannot do is to consult with a qualified employment / labor attorney, who can review the contracts and your specific situation, and advise you.

[JoeF]

Such contracts are usually valid. Only in California has the CA Supreme Court declared non-compete agreements as invalid.

[ddev_visa]

Appreciate all the responses. Thanks!

Shall contact employment lawyer and update the forum.

Anybody faced similar situation, please leave a line about ur experience.

[chtummala]

i did faced same issue

but my client made every body to agree ..

does u r client do lot of businees with vendor .

my case client wanted me very strongly .. so they willing to cut the relationship with vendor if my vendor does not allow me to go full time ..

[JoeF]

There indeed often is some negotiation between the parties involved, maybe some fincancial compensation, to resolve such issues. But that depends on the particular situation.

[chtummala]

There indeed often is some negotiation between the parties involved, maybe some fincancial compensation, to resolve such issues. But that depends on the particular situation.

most of this staffing companies does not want to do any legal issue .. as they get bad reputation .. mostly they try to negotiate ..