Tweet
Here is the story fellas.
I work for company E and am deployed to Client C through company V.
E (Employer)--> V(Vendor) --> C (End Client).
My employer forced me to sign a Non Compete agreement as mentioned in the below paragraph. E & V work very closely together and very often E has placed candidates like me through V. I think the Client has an understanding with V - Vendor that every candidate V places are Right To Hire. I am not sure if V is aware of my Non - Compete Agreement.
Now the climax, Client C has liked my work and he has offered me a FTE job immediately, I cannot accept it right now because I need to get my Visa Stamped which was Filed by my Employer E. I am planning to get the Visa Stamped in Dec. The Client C has agreed to wait till Jan 2012 and then C can file my transfer.
Here is what the Non Compete Agreement Says:
"Non-Competition. The Employee further agrees that, unless waived in writing by the Employer, The Employee shall not, directly or indirectly, for himself or herself or for any other business entity or third-party, during the course of employment and for a period of one (1) year after Employee’s employment terminates with Employer, for any reason whatsoever, seek employment with the Clients of the Employer for which Employee either performed services or was introduced by Employer. Client shall include the End-user as well as any intermediary business entity or individual who has been involved in securing the placement of the Employee on the assignment or project.Employee acknowledges and agrees that his/her breach of this covenant not to compete shall cause irreparable harm to the Employer and will result in Employee paying Liquidated Damages to the Employer in the amount of Thirty Thousand Dollars ($30,000) not of a punitive nature. In case litigation becomes necessary due to the Employee’s breach of this paragraph, in addition the damages and other relief granted by the court, the Employee shall indemnify the Employer for legal expenses and attorney’s fees incurred in this regard."
My Employer is an Indian Guy, and he has been reasonable so far but not sure if I would be able to convince him on desolving / waiving that clause. I am assuming that if I accept the offer both V & C will get some commision out of it. On the other hand, if I resign from E later he will not get anything.
I havent informed my Employer about this offer yet because he can jeopardize my Visa stamping (Worst Case). I have told the Client that I am verbally accepting the offer but cannot let my Employer know about this at this stage. We are going to revisit in Jan 2012.
QUESTIONs: Are there any way outs in this situation. I am sure a lot of people might have gone through this.
Now legally since I am not working with any direct client of my Employer, can I still join Client C?
Any reasonable Employment lawyers in the NY area?
I work for company E and am deployed to Client C through company V.
E (Employer)--> V(Vendor) --> C (End Client).
My employer forced me to sign a Non Compete agreement as mentioned in the below paragraph. E & V work very closely together and very often E has placed candidates like me through V. I think the Client has an understanding with V - Vendor that every candidate V places are Right To Hire. I am not sure if V is aware of my Non - Compete Agreement.
Now the climax, Client C has liked my work and he has offered me a FTE job immediately, I cannot accept it right now because I need to get my Visa Stamped which was Filed by my Employer E. I am planning to get the Visa Stamped in Dec. The Client C has agreed to wait till Jan 2012 and then C can file my transfer.
Here is what the Non Compete Agreement Says:
"Non-Competition. The Employee further agrees that, unless waived in writing by the Employer, The Employee shall not, directly or indirectly, for himself or herself or for any other business entity or third-party, during the course of employment and for a period of one (1) year after Employee’s employment terminates with Employer, for any reason whatsoever, seek employment with the Clients of the Employer for which Employee either performed services or was introduced by Employer. Client shall include the End-user as well as any intermediary business entity or individual who has been involved in securing the placement of the Employee on the assignment or project.Employee acknowledges and agrees that his/her breach of this covenant not to compete shall cause irreparable harm to the Employer and will result in Employee paying Liquidated Damages to the Employer in the amount of Thirty Thousand Dollars ($30,000) not of a punitive nature. In case litigation becomes necessary due to the Employee’s breach of this paragraph, in addition the damages and other relief granted by the court, the Employee shall indemnify the Employer for legal expenses and attorney’s fees incurred in this regard."
My Employer is an Indian Guy, and he has been reasonable so far but not sure if I would be able to convince him on desolving / waiving that clause. I am assuming that if I accept the offer both V & C will get some commision out of it. On the other hand, if I resign from E later he will not get anything.
I havent informed my Employer about this offer yet because he can jeopardize my Visa stamping (Worst Case). I have told the Client that I am verbally accepting the offer but cannot let my Employer know about this at this stage. We are going to revisit in Jan 2012.
QUESTIONs: Are there any way outs in this situation. I am sure a lot of people might have gone through this.
Now legally since I am not working with any direct client of my Employer, can I still join Client C?
Any reasonable Employment lawyers in the NY area?
Comment