H1 transfer

[mmartha7482]

I am at employer A currently working at a client location. My Client is offering me a Full Time. I want to take it but on my offer letter with employer A which i signed on it there is a section.

 

Non-Competition and Non-Solicitation: During the period and until(3) months following the termination of your employment with "Company Name" for whatever reason(Which time period shall be extended by the length of time during which you are in violation of this Agreement), you will shall not directly or indirectly solicit the business of or provide any Software engineering, consulting or programming or sales services to any customer of "Company Name" or to any customer or end-user of any customer of "Company Name" for which or for whose benefit you provided services during your employment nor directly or indirectly solicit the services of any employee of "Company Name" or indude such employee to terminate his or her employment. if this provision is rules to be unduly restrictive or otherwise unenforceable in any respect, you agree to be bound by the most restrictive, non-compete terms allowed under New York law.

 

because i signed on the offer letter which has the above section. Will i ever able to take any Full Time offerings from any company or client ??

[rahul412]

Yes those agreements are valid. Contact some good attorney to review that agreement and for a good suggestion

[jairichi]

You are bound by signed statement. Talk to your employer nicely and see whether they have any reservations on moving to client. If they do not have then get it in writing. Talk to a good labor attorney.

[JoeF]

Such non-complete clauses are generally valid, and this is actually pretty reasonable, for 3 months only.

If a client really wants you, the usual way is for them to pay some money to the current employer. After all, the reason for these clauses is that the employer would lose money if the employee goes to the client.

[sril123]

On the same note I have a question:

 

I'm on H1B with Company A working at a client place through Company B and I have signed a Non-Compete Agreement with Company B

I have couple of question's:

Since I'm on H1B is it ok to sign a Non-Compete Agreement with Company B? Or is this some thing Company A has to sign with Company B ?

Company B has different client's in same city and one of Company B's client is interetsed in offering me a Full Time Job ( Note: I have not worked for this client)

will I be violating the Non-Compete Agreement?