Non Compete and Non Soliticitation

[GC_ANY_ONE]

Folks,
I know this is not the rigth palce to ask my question but, I thought some of you might have faced the same situation. Please shed some light if you know anything.
I work for company A, sub-contracting at client C through client's vendor B. The client has agreement with the vendor that they can recruit the contractor. I think my company A is also aware of that. Although I signed a non compete and non soliticitation agreement with my company. The language of that agreement is vague but bottom line is you cannot join to any competitor of A while working at the client site. A is not a direct vendor of C. I want to join in C but, my company A is saying you are violating the agreement. Questions are

- How valid is A's argument?
- Does Client C's agreement super seed my agreement with A?
- If A sues me what kind of lawyer I should engage?
- I have to use AC21 ( I am eligible) to change the job. Does this affect my GC process?

Thanks in advance.

 

[koku1]

You are right, this is probably the wrong forum. Non-compete agreements is a grey area, they are used by companies as a scary tactics to sway ex-employees from joining a competitor. But in reality they are difficult to enforce and may be outright illegal. Usually, non-competes are governed by state laws, so you need to check with a state labor department what the law is. E.g. non-competes are illegal in California. You may also consult with a labor lawyer.

 

[Jackolantern]

While non-competes are difficult to enforce and are mostly useful only as scare tactics, one type of scenario where they are often enforced is when you go to work for the client where your employer placed you. The main reason you got the offer from the client was because of the employer placing you there, and it would be difficult to run a consulting company if the clients could hire away their people at will.

However, in this case there are two sides of the coin:
(1) The agreement that B has with C to be able to hire away their contractors does not extend to A, unless A has signed something similar with B or C. But on the other hand ...
(2) It was B who placed you with C, so A has less power in the matter, unless they assisted B to get you placed at C by making arrangements with C.

However, it will come down what applies in the laws of your state. Consult an employment lawyer before making the move.

 

[greatgc]

Hi,

These agreements , if with Indian blood sucking companies, ARE FAKE.
ANother words, none of those idiots have guts/time/money to sue any one. BECAUSE most of them work on false fundamentals of manipulating resumes and faking experiences on resumes by "training" them in their body shops.

One of my friends was stuck in the set of scenarios described above, he joined the client, Indian blood suckers thretned him using bad tacticts but the guy was smart and firm and told them if they will sue him, he will tell every thing to the court about the practices of their bussiness.

In nut shell, the company paid him all the salary including the last check which most of the time people do not get, and he is now working as a full time for that good client.

So, depends on how truthful/courageous one is and the consulting firm.

Rule of thumb: no employer can forcefully ask some one to work for them for them to suck your blood.