Non competition - Joining client as full time

[invincible23]

Hi all , 

 

I m working with an Indian MNC XYZ in ABC client location in US with h1b visa.My client is offering me full time with green card option.I have signed an employment where it states the below non competition clause .

 

***************************

For and in consideration of the Company’s entering into this Agreement and providing

the compensation outlined herein, Employee agrees that, during the Employment and

for a period of one (1) year after the termination of the Employment (irrespective of t he

reason for the termination of the Employment hereunder), the Employee shall not

engage in any Competitive Activity. “Competitive Activity” shall mean either: (1) during

the Employment, attempting to take or taking a business opportunity, whether f or

Employee or some third party, that could otherwise go to XYZ or its affiliates; or (2)

following the termination of Employment, directly or indirectly, as an employee,

consultant, contractor or otherwise, performing services for, contacting for a busi ness

purpose, or soliciting the business of any XYZ customer or prospect with whom the

Employee has worked or interacted during the most recent two (2) years of the

Employment with XYZ.

 

****************************

 

Can someone please advise me if this is going to cause any issue for me if I join client as full time employee? FYI im working in MN state and employer is based out of NJ.

 

I need this info pretty urgent since I need to accept the offer this week itself. 

 

Thanks in advance

[rahul412]

I need this info pretty urgent since I need to accept the offer this week itself.

 

Their are 100's of candidates who came across this situation.

Best approach is contact an attorney.

Yes this agreement will/might cause you trouble.

[rohang]

if urgent contact attorney, dont risk your future on forum reply.

 

now coming back to your question. If your client can talk to your employer this can be settled (generally it happens in a big engagements). Where employer will not want to loose bigger business just for one position. In those cases employer might let you go with no/minimal obligations.

 

If its a single position, then your employer might cause trouble for you.

[JoeF]

Non-compete agreements are generally valid (except in California, where the CA Supreme Court has struck them down.)

The employer can come after you.

[hicopicobm]

I think almost all companies have this type of agreement..to be frank small consultancies creates problems and IT giants usually do not cause any problem..but this is just a pattern I am saying and there is no guarantee what your employer will do

[invincible23]

Thanks everyone for reply. I will contact an an attorney