Work for the same Client from Different employer.

[khandoba1986]

Hi - Here is my scenario. 

 

I work for Employer - E1 and Client C.

 

I am planning to change my employer - E2 through which i would be working for Same Client “C”.

 

 

I have a agreement with Employer E1 which have a “Non Interference “ section which goes like this. 

 

“to the extent permitted by applicable law, for a period of 2 years post termination of your employment 

with the company, yo shall not directly or indirectly be connected as director, employee, partner, lender, guarantor or consultant to,  any corporation, limited liability company, partnership or other entity that, directly or indirectly, engage in a similar business as that of the company or otherwise competes with the business in which the company is involved or becomes involved while this agreement is in effect or engage in any other activities that may conflict with your obligations to the company. 

 

To the extent permitted by applicable law, you agree that during the term of your employment and for a period of two years post termination of employment relationship, you will not, directly or indirectly, solicit, hire, abet to terminate the relationship with the company or poach or abet any other person to do any of the aforementioned in relation to any of the present or past customers, clients or prospects of the company, either on his own behalf of future or past employer/s or any other person or entity. 

 

Section 13 (assuming the above two paragraphs as section 13) does not apply to the company’s California based employees who have been hired to work in California, unless such employees owned part or all of a business that was acquired by the Company, in which case. this section will apply to such employees. “

 

Questions - Can this law allow Employer E1 to take any legal action against me if i join through employer E2 to the same Client. 

Please note last section says California based employees are exceptions. In my case the offer was given to be for California location, i worked there for around 3 years and then on Client request i was moved to Charlotte, North Carolina. 

 

Thanks in advance. 

 

[khandoba1986]

Could some one please help me with some advice here. 

[JoeF]

Since you are not in CA, it is a valid contract.

The clause about CA has to do with the fact that non-compete agreements are not valid in California, as per CA law.

But you don't fall under CA law.

You need to discuss this contract with a good labor lawyer. And the new employer also needs to be made aware of it.

[khandoba1986]

Thanks JoeF - My Employer gave me offer letter of California, when i was moved to Charlotte there was no updated offer letter given to me, Do the existing offer letter holds true in this scenario ?

Please suggest.

 

Thanks.