Joining Client - Breaking Non-Compete

[noobee]

I am working for an Indian Software Firm for about 2 years now, and the end client wants me to join them directly.

My employer does not process green cards (it's their policy ;-).

I am very much interested in joining, but the client company does not want to get in the middle of any legal implications I may come across. I have signed the standard "non-compete, non-solicit" agreement, which says, I cannot work for my employers client, directly or indirectly for 2 years after resigning.

There's NO mention of any consideration/compensation amount, which I could think about paying to avoid the legal hassles. The contract just says that it would be a "breach" of the contract terms and conditions.

I would like to know if this contracts is generally executed by the companies for such reasons.

Do you recommend, taking such steps, in this scenario? The only intention of quitting my employer is to get into GC processing.

Please provide any options that I can try out. Thanks!

[rahul412]

Do you recommend, taking such steps, in this scenario? The only intention of quitting my employer is to get into GC processing.

Please provide any options that I can try out. Thanks!

Contact some good attorney. This is the best option, no one knows what's written on that agreement.

[t75]

Have the contract read by an attorney. If it is valid, you need to find a different new employer not subject to the non-compete agreement.

[JoeF]

Such contracts are usually valid, except in California, where the CA Supreme Court has declared them invalid.

[shandan]

I am not a legal expert, so cannot advise you on legal issues. But have you tried (or may be you already have) to explain to the employer why you would like to resign.

Many a times it is possible that you can reason with them and they can let you go without issues. You can tell them that if they do not wish to process GC then you would have to leave them any ways to join someone else who would, so rather they let you join the client and this way they would still have good will with the client as they (client) would not need to train somebody new to fill in your shoes if you left.

Just food for thought, I am sure you might have already done so.

[t75]

Companies should follow employment contracts strictly. To treat employees differently in the same situation could be a problem.

[omshiv]

I am not a legal expert, so cannot advise you on legal issues. But have you tried (or may be you already have) to explain to the employer why you would like to resign.

Many a times it is possible that you can reason with them and they can let you go without issues. You can tell them that if they do not wish to process GC then you would have to leave them any ways to join someone else who would, so rather they let you join the client and this way they would still have good will with the client as they (client) would not need to train somebody new to fill in your shoes if you left.

Just food for thought, I am sure you might have already done so.

thats a pretty good advice.