laptopred Posted August 14, 2013 Report Share Posted August 14, 2013 MY H1b is with my empoyer A. Vendor is B and the client is C. I have been working with client C through vendor B for last one year. Now client C is offering a full time job and would like to take it. Reviewing my employment agreement with employer A, I noticed that there is a non-compete agreement which does not let me to join client C. However, the agreement letter with vendor B and employer A states that the vendor B has full control of me and can hire, recrurit etc.. Vendor B is OK for me to join client C. Basically it is like this employee with employer --> Non-compete aggrement status not to join the client I am working. Vendor with employer & employee --> States that vendor has full control of the employee and can hire, recruit,fire..etc. In this case, would it be an issue if i join client C. Will my employer would be able to sue me.. Link to comment
jairichi Posted August 14, 2013 Report Share Posted August 14, 2013 Agreement between employer and vendor is immaterial to you. Of course, agreement between you and employer is what matters. I believe you can not join client C based on non-compete agreement. Show your agreement to a qualified attorney to make a decision. Link to comment
rahul412 Posted August 14, 2013 Report Share Posted August 14, 2013 MY H1b is with my empoyer A. Vendor is B and the client is C. I have been working with client C through vendor B for last one year. Now client C is offering a full time job and would like to take it. Reviewing my employment agreement with employer A, I noticed that there is a non-compete agreement which does not let me to join client C. However, the agreement letter with vendor B and employer A states that the vendor B has full control of me and can hire, recrurit etc.. Vendor B is OK for me to join client C. Basically it is like this employee with employer --> Non-compete aggrement status not to join the client I am working. Vendor with employer & employee --> States that vendor has full control of the employee and can hire, recruit,fire..etc. In this case, would it be an issue if i join client C. Will my employer would be able to sue me.. Yes, he can. So its better to take advice from attorney. Link to comment
omshiv Posted August 14, 2013 Report Share Posted August 14, 2013 If you have good relations with your employer..just ask him. No kidding. Link to comment
laptopred Posted August 14, 2013 Author Report Share Posted August 14, 2013 Thanks for the response.. How do my current employer knows where I am joining?.. Consider that there are no other employees from my employer working in the same client. Link to comment
rahul412 Posted August 14, 2013 Report Share Posted August 14, 2013 Thanks for the response.. How do my current employer knows where I am joining?.. Consider that there are no other employees from my employer working in the same client. But what you gonna do if he comes to know that you have joined the client?? You will be in trouble at that time. Is their any problem in contacting an attorney?? Link to comment
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