How to work around a non compete clause
Hi,
I'm currently employed by Company A (Indian entity of a US based company) and in the US on a H1 visa (state IL) and I have a non compete clause in my employment letter which goes as below.
During your assignment with Company A and for one (1) year following the termination of your assignment for any reason, you will not, without the prior written consent of Company A, directly or indirectly (i) be employed by, engage in or associate with any competitor, client or competing vendor of Company A; or (ii) solicit, for competitive business purposes, (a) any employee of Company A or (b) any customer of Company A, or any of its affiliates with which you were involved as part of your job responsibilities during the last twelve (12) months of your employment or deputation with Company A
I have been with Company A for the past 3 years and now have an opportunity to move ahead in my career with Company B which is a US based consulting firm. I'm not sure if Company A and Company B may have been or are currently competitors (taking into consideration that Company A is an Indian entity of a US based company)
I want to know what are my options at this point. I have heard that non compete clauses are supposed to be time and place bound, but in my case it is just time bound. Also Company A is a huge IT company and will be competition to each and every IT services and Consulting firm around the world. Given this fact and that my non compete is very broad and generic, it looks like I will not be able to work for any IT company in the world for a year after I leave company A!!!
I have also heard that in California the non compete clauses hold no good, so would I be ok if I can get the offer letter from Company B from a California based office and join that entity? Do I have any option to work around this?
Answers (2)
There is no MEL lawyer in Lake County.
I have referred work to Kristin Case and Aaron Maduff and both are excellent. Either would be a good place to start. But, again, you'd be fine with any MEL attorney in the collar counties.
Every Good wish.
Tony Cameron
posted by Anthony Cameron | Nov 12, 2013 1:47 PM [EST]
I'm no help. I'm 320 miles away.
All the best,
Tony Cameron
Quincy, IL
posted by Anthony Cameron | Nov 12, 2013 1:41 PM [EST]
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