Non-compete
I am in the Information Systems field and I will be layed off by my employer due to lack of clients.
I signed a non-compete clause. I am considering joining one of the clients due to the following reasons:
a> My company cannot afford to pay my salary.
b> The Client does not want to employ consultants due to its high cost.
c> There were other consultants in my company who also have the same contract and were able to work directly for the client.
I will appreciate your response.
Answers (1)
Have you tried asking for permission to work for the client?
From a legal perspective, you could argue that the employer lacks a protectable interest in preventing you from working for the client that no longer has work for your employer. This is a difficult argument, however, which the employer could rebut by claiming that you and the client got together and worked out a plan whereby the client would terminated the consulting agreement and then hire you. Also, your employer could stick by its agreement just to make a point.
Your best bet is to ask to be released from the non-compete for the sole purpose of working for a client that your employer has no hope of keeping as a client. Your request becomes much more effective if you sit down with an attorney beforehand and work through your particular factual situation, as the initial ask is delicate and follow-up negotiations are sometimes tricky.
If you do not receive a response from an attorney in Columbus, you can call my office and schedule a telephone consultation. We charge $150 an hour for the first hour of a telephone consultation. That oftentimes is sufficient to enable you to follow through with the negotiations from there.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Oct 25, 2001 08:34 AM [EST]
From a legal perspective, you could argue that the employer lacks a protectable interest in preventing you from working for the client that no longer has work for your employer. This is a difficult argument, however, which the employer could rebut by claiming that you and the client got together and worked out a plan whereby the client would terminated the consulting agreement and then hire you. Also, your employer could stick by its agreement just to make a point.
Your best bet is to ask to be released from the non-compete for the sole purpose of working for a client that your employer has no hope of keeping as a client. Your request becomes much more effective if you sit down with an attorney beforehand and work through your particular factual situation, as the initial ask is delicate and follow-up negotiations are sometimes tricky.
If you do not receive a response from an attorney in Columbus, you can call my office and schedule a telephone consultation. We charge $150 an hour for the first hour of a telephone consultation. That oftentimes is sufficient to enable you to follow through with the negotiations from there.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Oct 25, 2001 08:34 AM [EST]
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