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Contractual Obligations of Employee-Employer-Vendor-Client
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
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Last edited by cygent; 06-22-2010 at 02:16 AM.
Can take you to court
I am not a lawyer but was involved in something similar.
C can take you to court and stop you from being hired by vendor. It will be very difficult for them to push for damages etc. but thye can bring a stop on your hiring.
If C is a small desi consultant the chances are dim he will come after you. But if he is reasonably sized with lawyers within the company, you mgiht get a notice. You can take a chance, but usually the lawyer fees etc might not be worth the effort.
Your other option is to have your vendor buy you out - which means the vendor pays an X amount to C, and that frees you up from any contracts/non-competes.
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