issue with non compete agreement
I'm a H1B S/W consultant. My H1B holding company is based in NJ. My company sent me to the client based in PA by subcontracting with middle vendor(prefered vendor). After about an yr, my H1B holding company asked me to sign a "Employment confidentiality and non-compete agreement". its been 1.5 yrs since i started with the current client and about two yrs since i started working with my employer based in NJ. I was offered better pay from the middle vendor(based in NY) and many other benefits and hence i accepted the offer after prior notice to my H1B company.
My previous emplyer(nj) held my ages and upon asking for my payments, they started thretening that they will take legal action using Non-compete agreement.
Before joining the middle vendor, middle vendor told that in their contract with my previous employer, there is no restriction stopping them from taking me.
I request u to advice me in this
situation. What are my options?
How should i proceed?
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, you may not be bound by the new noncompetition agreement. Unless you received some form of compensation for the new agreement, it is unlikely to be enforceable. Noncompetition agreements frequently have other flaws in them as well; even if you received compensation, you may still not be bound in this instance; I would have to know the specific facts of your job and the new position that has been offered to you to have an opinion in that instance.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Apr 24, 2008 8:14 PM [EST]
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