Non-compete agreement in California

[califnik]

Dear Attorney,

I request your help with the following.

I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?

This is my agreement with C :-

During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & califnik, califnik will not do any of the following:

1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers califnik became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & califnik, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between califnik & C.

califnik will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.

Thank you & Regards,
califnik

 

[permfiling]

Employment agreement in CA

My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 3 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

The employment laws in CA are different so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left before 1 year of employment as she feels that the agreement is one sided considering the time line.
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[littleadv]

Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

She needs to inform because the employer needs to update the I-9 form. However, since by mere getting the green card she doesn't quit or gets fired - no reason for the employer to ask for refund. If she doesn't inform now, she'll have to inform by the time the original H1B expires.

The employment laws in CA are different so how can she move (if moves within 3 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left before 1 year of employment as she feels that the agreement is one sided considering the time line.

She signed the contract out of her own free will, and will have to reimburse the employer, that's what she agreed on. $4000 is not too much, and if she is in a good relation with the employer and leaves without fights or burned bridges - it may be waved. However, if the employer insists - she'll have to pay. If the employer has to litigate - she'll have to pay for that too. If she felt that the agreement is one sided, she shouldn't have agreed.