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Non Compete Clause and Taking a Job with a Client

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  • 09-12-2008, 03:04 PM
    harry18
    Non Compete Clause and Taking a Job with a Client
    Non Compete clause: CA

    I am working with an Indian company and here on H-1 working with one customer. Now i wan to join my customer. My company enforces non-compete clause that prohibits to join any customer for a period of 12 months and i haven't signed that clause yet. I have two queries :-

    1. Is the non compete clause holds true in CA
    2. I have three months notice period when i signed a contract in India. Will that still hold true in US. If they don't relieve me and i want to pay it off what salary i need to pay. Is it the gross or base.
  • 09-12-2008, 06:29 PM
    Betty3
    Re: Non Compete Clause
    Your best bet is to take the non-compete to an employment or contract attorney in your state for review & advice. We can't comment on an agreement we have not read completely & sometimes the devil is in the details.
  • 09-12-2008, 06:39 PM
    aaron
    Re: Non Compete Clause
    California doesn't enforce noncompete clauses in employment contracts, but if you haven't signed a contract with a noncompete clause why is this an issue? Also, there may be more to the clause than meets the eye, or there may be jurisdictional aspects that haven't occurred to you, so I would suggest having a lawyer review anything before you sign it.
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