Employee No-Hire Clause

I work for a Company A which is the one that pays me, but I am assign to a Company B which is the place where I do all the work. In my contract there is a No-Hire clause. Now the Company A lost the outsourcing with Company B, now company C is taking over because they won the outsourcing with Company B, Company C wants to hire me to work int the same place with Company B, there will be any problems in this situation?

1 answer  |  asked Feb 16, 2011 1:13 PM [EST]  |  applies to Connecticut

Answers (1)

Daniel H. Schneider
The Answer to your question will depend upon the specific terms of the non-compete agreement. However, even if the non-compete agreement prohibits it, if there is an agreement between the three company's allowing it for the sitation (an agreement between company c and A or between B and A that it will not enforce the non-compete, which could be in A's advantage if it will have no more work and have to lay you off, thus being charged with your unemployment compensation benefits), then you may be able to go to company C.

If you want, you can contact me and we can discuss your matter in more detail. I do not charge for initial consultation.

However, depending upon its length, for me to fully review the non-compete agreement and analyze its enforceability, may go beyond the initial consultation. But, I would only charge you if you agreed to be charged in writing.

You can reach me at (203) 874-0030.

Very Truly Yours,

Atty. Daniel H. Schneider
Schneider Law Firm, LLC
Milford, CT
(203) 874-0030

posted by Daniel H. Schneider  |  Feb 16, 2011 1:45 PM [EST]

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