Namaskar Sabai Lai,
I am currently working as a contractor for IT consultancy. I have been working with them for almost 4 years. I got my green card through this IT Consultancy. My current contract for my current client Im working for was supposed to end on October 30,2019. But my client offered me full time position and I already accepted the offer.
I told my consultancy that I accepted the offer with my client. Now, My IT Consultancy is telling me I cannot work for client because this is directly against their non-compete agreement that I can not work directly for the client or the vendor.
I had a signed non-compete agreement which states as below. Please anyone that has been through this experience tell me..what you be the best thing for me to do in this situation? I don’t want any future legal hassle with IT consultancy and I want to leave them in good terms.
I would like to thank all of you good people in advance for your valuable input.
Have a wonderful day you all.
One of the clause from the contract that I signed:
e. Non-competition and Non-Solicitation:
i. Employee recognizes and acknowledges that the
Company’s business is built upon the confidence of the customers/clients and that all goodwill arising out of the Employee’s acquaintances with customers/clients shall be the sole and exclusive property of the Company;
ii. Employee hereby acknowledges and agrees that the Company would suffer irreparable injury if Employee accepted employment with a customer, client or vendor of the Company, diverted business from the Company or solicits or accepts business
from clients, customers or vendors of the Company. As a material inducement to the Company to enter into this Agreement, Employee hereby covenants and agrees that, during the period beginning on the date hereof and continuing for a specific period of time after termination of Employee’s employment with the Company Employee shall not:
1. Directly or indirectly, on his own behalf or on the behalf of another business, engage in or assist in providing services similar to the services Employee has provided through Company at any client location or client work site at which Employee was placed by Company. This includes any services, for which Employee provided services through Company, or to which Company introduced
or
about which Company information regarding potential employment or
Employee,
provided
employment,
contractor opportunities to Employee;
2. Directly or indirectly, divert business from Company or its successors, assigns, or solicit business from, accept business from, divert the business of, or attempt to other methods of using the same or similar services as provided by Company, any client, customer, vendor, or account of Company; or
3. Directlyorindirectly,solicitforemployment, employ or otherwise engage the services of,
any representatives, contractors, employees, distributors or consultants of the Company or its successors or assigns.
iii. The length of the restrictive covenant detailed above will begin on the date hereof and continue for one (1) year following termination of employment.
iv. In view of the irreparable harm and damage that would result to Company as a result of a breach by Employee of the convenants in this Paragraph 5, and in view of the lack of an adequate remedy at law to compensate Company for such harm and damage in the event of a breach or threatened breach by Employee of those covenants, Company shall have the right to receive, and Employee hereby consents to the issuance of, temporary and
permanent injunctions enjoining Employee from any violation of said covenants. In the event that a bond or other undertaking is required of Company in connection with the issuance of a temporary injunction, Employee agrees to waive the bond.
v. The provisions of this Paragraph 5 shall be enforceable in law and in equity notwithstanding the existence of any claim or cause of action by Employee against Company whether predicated in the Agreement or otherwise.
vi. The provisions of this Paragraph 5 shall supersede and replace any and all previous non-competition clauses of Company to which Employee agreed to be bound.
vii. Employee has carefully read and considered the provisions of this Paragraph 5 and, having done so, agrees that the restrictions set forth in such Paragraph are fair and reasonable and are reasonably required for the protection of the legitimate business interests of Company. In the event that a court of competent jurisdiction shall determine that any of the foregoing restrictions are unenforceable, the parties hereto agree that it is their desire that such court substitute an enforceable restriction in place of any restriction deemed unenforceable, and that the substituted restriction be deemed incorporated herein and enforceable against Employee. It is the intent of the parties hereto that the court, in determining any such enforceable substituted restriction, recognizes that it is their intent that the foregoing restrictions be imposed and maintained to the greatest extent possible. The foregoing shall not be interpreted to limit any party’s right to appeal.
viii. The obligation of Employee under this Paragraph 5 shall survive the expiration or termination of this Agreement for any reason.
ix. Company’s failure or refusal to enforce any of the terms contained in this Agreement against any other employee or former employee, for any reason, shall not constitute a defense to the enforcement of this Agreement against Employee.
