Full Time Offer at Consulting Client

I am a consultant of company A (based in CA) working for a client. I have worked for the client in IN through another consulting company B (based in CA). Client doesn't know about A. After that project was completed, the client asked me if I was interested in working at another location in Niagara Falls,NY and now I am working in NY though yet another company C (based in NY). Now the client has offered me a full time position in CT which got opened recently. I have a non-compete with company A that states as:
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Section 6:
The employee expressly covenants and agrees that during the term of his employment whether under this Agreement or elsewise and for a period of 2 years thereafter, he will not, directly or indirectly, or through a competetior of the company, provide or attempt to provide, any services to customer of the company without the specific written consent of the company.

Section 19: Termination

This agreement may be terminated by the employee if the employee gives the company atleast 30 days written notice prior to the termination date.
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Company A that I recieve the paycheck from is in CA and the client is not aware that I work for A. As far as they know I work for C (B before that). Can I take up the position? Will the 30 day notice termination tetminate the Non-Compete as well?

Also the client said that they contacted C informing their intentions to take me full time and C said that the client cannot hire me. I have never signed any paper with C. Does C have a right to say that?

1 answer  |  asked Oct 22, 2003 12:43 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
The Ultimate Issue

The ultimate issue will be whether the covenant not to compete is enforceable. New York courts do not like covenants not to compete in employment agreements, so that the employee is usually in the better position, but whether an employee will win a lawsuit testing the covenant will depend on the facts: what was the job? What is the industry? And more.

Can you go to work for this client? Yes.

Can the client hire you? Yes.

Can A and C sue you and the client on the non-compete? Yes.

Will A and C win the lawsuit? Don't know. I don't know enough, but the law seems to side with you.

posted by David M. Lira  |  Oct 22, 2003 09:04 AM [EST]

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