What are my options (non-immigrant)??

[whats_in_name]

Friends,

I am sorry for asking this non-immigrant question.

I worked with a client company-X for three years through Company-A (Client Vendor), Company-B (In the middle) and Company-C (My Company who is holding H1 and sponsoring GC).

My Company-C has a one year non-compete agreement with Company-B and Company-B with Company-A that I can not directly or indirectly work at Client-X without going thru them (the usual). As I said, I worked with client Company-X for three years and forced to come out of the project because they have a three year limit for consultants. Now, its more than 9 months since I came out of that project and Client Company-X has the same position open again. They want me back. However, Company-A is now not in the vendor list and Company-X will not hire any consultants thru Company-A. Company-B has no problem but they want “No objection” in writing from Company-A. I don’t remember, it’s almost 4 years ago, but Company-A says we (My company-C and I) have signed non-compete with them as well. I can go thru other companies and work with Client Company-X but Company-A is threatening us about the non-compete agreement. I even offered them some money but they are not ready for it. They want to get paid for each and every hour I work there, that to a big hourly rate.

Since, my Company-C and I are not competing with Company-A, because they are not vendors anymore with Company-X, they can’t place me at Company-X. Can they really do anything against us, if I start working there? Is there anyway I can sue Company-A because they are trying to blackmail us with the non-compete agreement and trying to make us loose a very nice opportunity?

Is there any way out of this or am I going to loose this opportunity?

Thanks

WIN

 

[dsatish]

It's really silly on your part (or your company's part) to have contacted company A when they are no longer the vendors there.
If you want to play 100% safe, then you will always pay some price for it. Legally speaking, even if company A is no longer the vendor there, the non-competence agreement might still be valid. The onlything you can do now is to simply join the client without informing (or bothering) about company A. There is no way company A is going to know and prove that you are working with that client. How are they going to prove ? Make sure that you don't leave anymore leads with them. Either you take this risk or forget about this client for another 3 months.

 

[whats_in_name]

Dsatish,

Many people told me the same, even Company-B, not mention anything to Company-A. But, I thought lets do it right, I never thought that this Company-A who made very good money for almost three and half years would create such a big problem for me. That to when they are not the vendor anymore.

I guess, the lesson learned is, do not think all the people are good and sometimes we need to do things against the law.

Thanks

WIN