Non Compete Agreement


bear1985

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Hello, I am in a situation, I started out working on a project as a contractor with the following hierarchy ..Client-> company A(company like **********>company B->My Employer. Now the Client offered me a fulltime position, but I signed a non compete agreement with 'Company B' saying I will not work for the client until a year after the last day after my contract. Now he senses that I might be moving to work for the Client and is reminding me of consequences.He has nothing to gain because the Client needs someone fulltime and If i dont take the offer they will let me go.Below is part of the non compete agreement, what would be the best way to deal with this?Client is in North Dakota if it matters.

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Consultant, within a restricted area will not provide or attempt to provide (or advise others of the opportunity to provide), directly or indirectly, any services to the Clients mentioned herein. The “restricted area” referred to above will include any affiliates, subsidiaries, customers of any client mentioned herein, and/or any new company resulting from a merger, acquisition, or any such activities by any client mentioned herein. This restriction will be valid for a period of 90 days from the date of this agreement or for a period of one year from the last day of any services provided by the consultant for the clients mentioned herein, as a result of this agreement, whichever is later. 5. New York State law shall govern this Agreement and the subject matter thereof. If it becomes necessary for 'Company B' or Consultant to commence legal action to enforce any provision of this Agreement, then the prevailing party in any legal action shall be entitle to receive its legal fees and costs from the other party. 'CompanyB' shall be entitled to injunctive relief as well as damages for any violation by Consultant, of this Agreement.

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Hello, I am in a situation, I started out working on a project as a contractor with the following hierarchy ..Client-> company A(company like **********)->company B->My Employer. Now the Client offered me a fulltime position, but I signed a non compete agreement with 'Company B' saying I will not work for the client until a year after the last day after my contract. Now he senses that I might be moving to work for the Client and is reminding me of consequences.He has nothing to gain because the Client needs someone fulltime and If i dont take the offer they will let me go.Below is part of the non compete agreement, what would be the best way to deal with this?Client is in North Dakota if it matters.

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Consultant, within a restricted area will not provide or attempt to provide (or advise others of the opportunity to provide), directly or indirectly, any services to the Clients mentioned herein. The “restricted area” referred to above will include any affiliates, subsidiaries, customers of any client mentioned herein, and/or any new company resulting from a merger, acquisition, or any such activities by any client mentioned herein. This restriction will be valid for a period of 90 days from the date of this agreement or for a period of one year from the last day of any services provided by the consultant for the clients mentioned herein, as a result of this agreement, whichever is later. 5. New York State law shall govern this Agreement and the subject matter thereof. If it becomes necessary for 'Company B' or Consultant to commence legal action to enforce any provision of this Agreement, then the prevailing party in any legal action shall be entitle to receive its legal fees and costs from the other party. 'CompanyB' shall be entitled to injunctive relief as well as damages for any violation by Consultant, of this Agreement.

You have signed this agreement and there fore you are bound by this. To be specific consult a labor attorney before you take a final decision
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Hello, I am in a situation, I started out working on a project as a contractor with the following hierarchy ..Client-> company A(company like TCS/infosys)->company B->My Employer. Now the Client offered me a fulltime position, but I signed a non compete agreement with 'Company B' saying I will not work for the client until a year after the last day after my contract. Now he senses that I might be moving to work for the Client and is reminding me of consequences.He has nothing to gain because the Client needs someone fulltime and If i dont take the offer they will let me go.Below is part of the non compete agreement, what would be the best way to deal with this?Client is in North Dakota if it matters.

 

You got two options.

1. take this document to an attorney and get some adivce

2. Talk to your client and explain him everything clearly. Client might help you out.

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to OP...as Rahul pointed out..talk with the Client..in some cases the Client might be able to help out.

 

But on 2nd thoughts, if it was the Company A, the Client could have somehow helped you out..but usually Clients dont go down the hierarchy..and sometimes they are not even aware that there are hierarchies.

 

I know of a case happened with a Client in DC where they wanted to take 2 Consultants FT, but the main Vendor was threatning the Consultants. The Client intervened and threatned the Vendor if they dont allow the 2 Consultants to join them then they would Cancel the Contract with the Vendor (the vendor had more than 10 consultants working with the Client)

 

Vendor had no choice. So talk with the Client.

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I know of a case happened with a Client in DC where they wanted to take 2 Consultants FT, but the main Vendor was threatning the Consultants. The Client intervened and threatned the Vendor if they dont allow the 2 Consultants to join them then they would Cancel the Contract with the Vendor (the vendor had more than 10 consultants working with the Client)

 

Vendor had no choice. So talk with the Client.

I am expecting the same response from client in this case.

If client wants him then client can make a new agreement with vendor.

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