non-compete agreement

I was employed by a software consulting firm in Southfield, MI and was placed at client in RTP, NC. I had signed the non compete agreement. I worked at client thru my employer for over 5 year. Last year my employer found guilty of many charges and instead of appeared in court;left the country. The fedral court put the company in court recevership. During that time I went on vacatoin for 4 weeks after I came back my vacation was not paid to me and also the quartely bonus. At the same time client had made the decision to get the software contractor only thur the prefered vendor. I helped my empoyer to contest for it to become a preferred vendor for client but was not selected as a preferred vendor. At the end of year when contract was over. My employer did not gave any information about what will be the future for me, so I switched the consulting agency and joined the preferred vendor and worked at the same client and after two month client offered me a job that I took it. The preferred vendor has no problem me joining a client but now my old employer has sent me a notice that I am working at client and is violating a non compete agreement.

Please advice.

1 answer  |  asked Apr 10, 2003 12:08 PM [EST]  |  applies to North Carolina

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Answers (1)

Reagan Weaver

I am not certaiin that I understand all of your situation, but it sounds like your employer for 5+ years is trying to prevent you from working for the same client with whom it had placed you for those five years. You may have a basis for fighting this, but we would need to look at what the alleged non-compete agreement says and whether it provides for reasonable time and territory restrictions and whether it was entered into with the proper formalities. For example, did you sign the agreement before you began work? If you signed it later, how much later? And did you receive anything in exchange for signing it?

The above are some of the considerations a lawyer would look at. Covenants not to compete--if they are valid--can be enforced. You should prepare a detailed chronology to chart what happened to you when and who was present any time something significant happened. Take that and the documents to an employment attorney.

You may call our paralegal, Barbara Westphal, at 828.0363 if you would like to have an appointment with me.

Reagan Weaver

posted by Reagan Weaver  |  Apr 11, 2003 09:14 AM [EST]

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