vinish1025
Registered Users (C)
Hello!
My wife recently got her H1 processed with a Desi consulting company in NJ and now that they have identified a project for her they want her to sign an employment agreement. They want her to remain with their compny for a year which is fine with us. No problems there. However The parts of the agreement that bother us are as follows:
1) Non-Compete Clause: ": Employee expressly covenants and agrees that he will not at any time during his employment with the Company nor within a time period of Two (2) years from and after the termination of his employment, for whatever reason, that he will not either directly or indirectly, (a) compete with the Company, either as an employee or agent of a competitor, client, customer, mid-user or end-user with whom the Employee has provided services, directly or indirectly, or dealt with in any way (whether pursuant to a formal agreement/document/contract or not) or worked, been introduced, or sub-contracted during the term of the Employee’s employment with the Company"
The agreement states that it will be in effect for one year from the date of commencement of her first project. After this period is over, if the client decides to offer her a permanent position, can she work there? If not the client site, can she find another company who is willing to transfer her H1? It will not be in violation of the above. Correct?
2) Termination: For this project we are relocating to another state. Now if after the initial project is done even though they are saying that they will find the next project in the geographical area of our relocation, what if they cannot find one? I am assuming that because of the following clause we will have to relocate again which we do not want to as it is very inconvenient.
". The Employee expressly acknowledges, understands and agrees that the selection of the assignment, project or client site is within the sole discretion and judgment of the Employer. The Employee expressly acknowledges, agrees and understands that his or her failure or unwillingness to report to an assignment, project or client site reasonably designated by the Employer – or to perform in a reasonably satisfactory manner once assigned – will be grounds for termination “for cause” and shall entitle the Employer to immediately terminate the Employee and invoke any and all provisions otherwise of this Agreement"
Any and all advise will be highly appreciated.
Happy Holidays to all!
My wife recently got her H1 processed with a Desi consulting company in NJ and now that they have identified a project for her they want her to sign an employment agreement. They want her to remain with their compny for a year which is fine with us. No problems there. However The parts of the agreement that bother us are as follows:
1) Non-Compete Clause: ": Employee expressly covenants and agrees that he will not at any time during his employment with the Company nor within a time period of Two (2) years from and after the termination of his employment, for whatever reason, that he will not either directly or indirectly, (a) compete with the Company, either as an employee or agent of a competitor, client, customer, mid-user or end-user with whom the Employee has provided services, directly or indirectly, or dealt with in any way (whether pursuant to a formal agreement/document/contract or not) or worked, been introduced, or sub-contracted during the term of the Employee’s employment with the Company"
The agreement states that it will be in effect for one year from the date of commencement of her first project. After this period is over, if the client decides to offer her a permanent position, can she work there? If not the client site, can she find another company who is willing to transfer her H1? It will not be in violation of the above. Correct?
2) Termination: For this project we are relocating to another state. Now if after the initial project is done even though they are saying that they will find the next project in the geographical area of our relocation, what if they cannot find one? I am assuming that because of the following clause we will have to relocate again which we do not want to as it is very inconvenient.
". The Employee expressly acknowledges, understands and agrees that the selection of the assignment, project or client site is within the sole discretion and judgment of the Employer. The Employee expressly acknowledges, agrees and understands that his or her failure or unwillingness to report to an assignment, project or client site reasonably designated by the Employer – or to perform in a reasonably satisfactory manner once assigned – will be grounds for termination “for cause” and shall entitle the Employer to immediately terminate the Employee and invoke any and all provisions otherwise of this Agreement"
Any and all advise will be highly appreciated.
Happy Holidays to all!