NCA clarification

[sravikumar]

I'm working on Employer -> Vendor - >Client pattern. I have a non competition and non solicitation section in my offer letter as follows:

During the time that you work for the company until one year following the termination of your employment for whatever reason (which time period shall be extended by the length of time during which you are in violation of this paragraph). You shall not directly or indirectly solicit the business of(or otherwise deal in a manner adverse to the company with) or provide any software engingeering, consultng or programming services to any customer or end users of any customer(on an entity-wide basis and not merely on a site or project specific basis) of the company for which or whose benefit you provided services or were associated during your employment with the company. During the period until two years following the termination of your employment for whatever reason, You shall not directly or indirectly solicit or retain or hire the services of (or otherwise deal in a manner adverse to the Company with) any employee of the company or induce such employee to terminate his or her employment.

background about my situation

1. H1 and GC sponsored by employer (I paid for GC fees ) been with them for 4 years and 2 months.

2. This contract has been on for about 1.5years. This position was a contract to hire postion and the client offered me the job in 3 months but did not accept because my GC was in process and I did not want to change then. But my contract was extended irrespective of my denial of the offer. The offer was kept open and I accepted it after I got my EAD passed 180 days wait period.

3. Vendor and Client have clear contract stating we can hire the contractor. Vendor and Employer does not look like they have NCA but my offer letter has above para.

4. am in 2 week notice period now, but my Employer never asked where am going so I have not mentioned in writing that am joining the client. but the vendor did inform my employer about this. (that's what they say atleast). The vendor is one of the big giants in USA so am taking their word for it.

Would I be violating any clause as per that para? Any thoughts or suggestions are appreciated.

Thanks.

[sravikumar]

can someone please reply if you have an idea or suggestion. Thank you

[metroguy]

Dont worry. Once you are hired your vendor will get some money from client and both will be happy. Vendor dont go against client because by doing that they may loose business with the client. Give proper 2 week notice and you are good to go