My question involves employment and labor law for the state of: New Jersey.
I started working as a recruiter 14 months ago for a company that says it is a project scoped outsourcing firm but in reality it is a project based staffing firm.
I live and work from my home office in phoenix my emp is in NJ.
In Nov they cut hours and pay from all employees (I am salaried emp) and recently I was offered a job by a client who is discontining their contract in May of 2009 with this company. I applied for a position that was posted they did not approach me.
My do not compete has a couple of paragraphs that may be upheld. the company is small and highly doubt they have the funds at this time to go into long legal proceedings. I have not resigned but they are aware of the situation.
the paragraphs that MAY put me at risk are as follows:
approach, contact, or solicit any individual or corporate client of the employeer for purpose of providing, selling or offering services that are similarly provided by "current company"
this paragraph is not I would be doing if you consider what they say they are - i.e. project scoped outsourcing firm - my "new" job would be "recruiter"
the other paragraph is as follows:
Employee further agrees that while employed or under contract with "employeer" and for a period of twenty-four (24) months following termination of employment, Employee agrees not to perform or secure work, either as an employee or independent contractor/consultant, from "employeer" current clients, and prior clients that have used "employeer" services within the last twenty-four (24) months, except where that work is performed in the course of Employee's employment with the "employeer" or as a subcontractor with "employeer".
The "client" is going to bat for me on this - going to ask that I continue to work for the current employeer until the contract ends on May 30th at 100% billable and dedicated to the client full time with the understanding that thy let me go work for client and not uphold the do not compete agreement at that time.
if this doesn't happen I either resign and take my chances or stay and get terminated which I have no doubt would happen.
I am a highly billable employee by the way. this will all be resolved one way or another by Tues Jan 13th in a conf call with my director so any suggestions or initial thoughts are appreciated.
I am not contacting an attorney unless I sense that I need to after that call right now I am asking for opinions.

