Non-Compete: Breach of Contract

Hello,

I used to work for a software consulting company 'X', and consulting for a client 'Y' through another consulting company 'Z'. Now I joined the 'Y' as a full time employee, but my non-compete clause with consulting company 'X' goes something like this...

(2). Accept employment or a contract with, or otherwise perform services for, a ‘X’ client or any affiliate, subsidiary or parent client, or a subcontractor of a ‘X’ client or any affiliate, subsidiary or parent subcontractor of a ‘X’ client for a period of eighteen (18) months commencing on Employees last day of employment with ‘X’. In such event, ‘X’ will be considered a “Recruiting” agency or supplying “Contract for Hire” personnel and Employee is required to pay ‘X’ a sum equal to thirty percent (30%) of his/her annual salary offered for Employee’s services. This amount is due to ‘X’ within sixty (60) days of Employee’s last day of work for ‘X’".

Now, company 'X' is pushing for trial for breach of contract? Is this type of non-compete agreement valid, and if yes - What merit does my case have, based on these two facts

1. Company 'X' is not and has never been a client of 'Y'
2. Company 'X' has never provided any assistance or knowledge for my work at 'Y'

This agreement comes under the jurisdiction of Kentucky court.

Please help.
Thanks in advance

0 answers  |  asked Jan 24, 2012 9:00 PM [EST]  |  applies to Kentucky

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