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  1. #1
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    3

    Default Contractor Subject to a Non Compete

    Hello, I am working as a consultant with a company. The contract between my employer and the client is contract to hire whereas on the other hand , my contract with my employer mentions a noncompete for one year debarring me from joining the client place. I want to know what my employer can do legally in case i decide to join the client place, is it a valid contract i.e. between me and my employer. I m in state of Massachusetts

    thanks and would greatly appreciate help.

    Sonu

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Want to Break Non-Compete Agreement

    So you were hired by a company, then assigned on a contract basis to a second company? The second company wants to hire you? But your noncompete with the first company says that you can't take employment with the second company for at least one year?

    If you break the noncompete agreement, the first company could try to get an injunction against you, and possibly damages or attorney fees (review your contract for applicable provisions) in relation to your breach of contract. You could defend by asserting that the non-compete agreement was unreasonable. But if you came into contact with the second company only as a result of being sent there to work by the first company, that might be difficult to establish.

  3. #3
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    3

    Default Want to break non compete agreement

    the first company and second company has a contract allowing the second company to hire me i.e. offer me employment whereas in my non compete i am not allowed to join the second company, now is the contract between the two companies not binding

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Contractual Issues

    The contracts are separate - the fact that the second company is permitted to hire somebody who is send to them by the first does not, of itself, mean that the noncompete in your employment contract is void.

    You may wish to ask the first company if they will release you from that provision if the second company offers you a job.

  5. #5
    Join Date
    May 2005
    Location
    Massachusetts
    Posts
    3

    Default Contractual Issues

    if the first company does not release me and due to which i m not able to join second company, does the second company has a right legally to go against first company for stopping me to join them

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