Breaking Non Compete Agreement...how..?

[edisav_edava]

Below is the agreement between me and my employer....please help me out how to break it...im jumping to prime vendor....

[color=#282828][font=helvetica, arial, sans-serif]ARTICLE XX – COVENANT NOT TO COMPETE[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.01 -- Employee Pirating: Employee shall not (directly or indirectly) induce or solicit any Employee of Company (or the clients of Company) to change employment. This Section XX.01 shall survive for two years after termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.02 -- Customer and Employee Solicitation: In the Employee’s capacity, Employee will have access to and utilize the confidential, proprietary and secret information of Company and access to its client’s information that the Employee is or may be assigned to. During the term of this agreement and following its termination you and any affiliates of yours agree not to engage in any marketing or sales activities with customer or otherwise attempt to solicit from customer the business which is the subject of the contract. This Section XX.02 shall survive for one year after termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.03 – Non-Compete: Employee shall not (directly or indirectly) engage in any activity in competition with or adverse to Company or the business of Company during the term of this Agreement and for one year following its termination.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.04 -- Unauthorized Access: Employee shall be authorized by Company during the term of this Agreement to access the computer, software and data of Company and clients of Company for purposes of performing this Agreement only. Employee shall not access such computer, software or data for any other reason without being authorized by Company in writing. Employee shall indemnify, release, defend and hold harmless Company from any and all damages incurred by Company as a result of unauthorized access to such computer, software and data. This Section XX.04 shall survive termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.05 -- Employment: Pursuant to the terms contained in XX.03 above, Employee shall not accept employment with a customer, vendor or subcontractor of Company. Additionally, Employee shall not accept employment with a client, vendor, subcontractor or affiliate to which Employee was previously assigned or has knowledge of at the time of termination. This Section XX.05 shall survive for one year after termination of this Agreement. Furthermore, Employee acknowledges that Company has expended valuable time and resources to develop business relationships with its customers and clients and that any circumvention of this agreement by Employee, which results in Employee performing services for Company’s customers, vendors, subcontractors or affiliates, will likewise result in damages to Company for which Employee is fully liable.[/font][/color]

[edisav_edava]

consultancy oweners or pedda manushulu helf cheyandi vayya

[6pounds]

I may have same problem in Near Future..............

[subbayya]

If you are good at client site and if they don't want to loose you, ask your client Manager and Vendor to fire you officially and after a week or couple of weeks they can hire you again meanwhile you can support their work off the record. That is how usually these kind of things will work. If your current employer and vendor have good business then it won't be possible. It's possible only if you have very very good reputation at client site.

[bobby12345]

Aee state bhyaa?

i heard that in CA these contracts wont work.


[quote name='edisav_edava' timestamp='1349231364' post='1302575697']
Below is the agreement between me and my employer....please help me out how to break it...im jumping to prime vendor....

[color=#282828][font=helvetica, arial, sans-serif]ARTICLE XX – COVENANT NOT TO COMPETE[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.01 -- Employee Pirating: Employee shall not (directly or indirectly) induce or solicit any Employee of Company (or the clients of Company) to change employment. This Section XX.01 shall survive for two years after termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.02 -- Customer and Employee Solicitation: In the Employee’s capacity, Employee will have access to and utilize the confidential, proprietary and secret information of Company and access to its client’s information that the Employee is or may be assigned to. During the term of this agreement and following its termination you and any affiliates of yours agree not to engage in any marketing or sales activities with customer or otherwise attempt to solicit from customer the business which is the subject of the contract. This Section XX.02 shall survive for one year after termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.03 – Non-Compete: Employee shall not (directly or indirectly) engage in any activity in competition with or adverse to Company or the business of Company during the term of this Agreement and for one year following its termination.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.04 -- Unauthorized Access: Employee shall be authorized by Company during the term of this Agreement to access the computer, software and data of Company and clients of Company for purposes of performing this Agreement only. Employee shall not access such computer, software or data for any other reason without being authorized by Company in writing. Employee shall indemnify, release, defend and hold harmless Company from any and all damages incurred by Company as a result of unauthorized access to such computer, software and data. This Section XX.04 shall survive termination of this Agreement.[/font][/color]

[color=#282828][font=helvetica, arial, sans-serif]Section XX.05 -- Employment: Pursuant to the terms contained in XX.03 above, Employee shall not accept employment with a customer, vendor or subcontractor of Company. Additionally, Employee shall not accept employment with a client, vendor, subcontractor or affiliate to which Employee was previously assigned or has knowledge of at the time of termination. This Section XX.05 shall survive for one year after termination of this Agreement. Furthermore, Employee acknowledges that Company has expended valuable time and resources to develop business relationships with its customers and clients and that any circumvention of this agreement by Employee, which results in Employee performing services for Company’s customers, vendors, subcontractors or affiliates, will likewise result in damages to Company for which Employee is fully liable.[/font][/color]
[/quote]

[edisav_edava]

my client and also prime vendor doesnt want to loose me at all...as so many works are dependent on me...

the business between my employer and my prime vendor is set by me only...i only placed another candidate at my client location from my employer...

since prime vendor only asked to join them...i am ready to join them...

my major concern is the non compete agreement i have signed when my emplyer applied h1 in mar 2012....

if i jump..will my employer sue me?

[edisav_edava]

[quote name='bobby12345' timestamp='1349234198' post='1302575834']
Aee state bhyaa?

i heard that in CA these contracts wont work.
[/quote]

employer is in Texas and...both prime vendor as well as client is in NY

[6pounds]

[quote name='subbayya' timestamp='1349233927' post='1302575819']
If you are good at client site and if they don't want to loose you, [color=#ff0000][b]ask your client Manager and Vendor to fire you officially and after a week or couple of weeks they can hire you again meanwhile you can support their work off the record. That is how usually these kind of things will work. [/b][/color]If your current employer and vendor have good business then it won't be possible. It's possible only if you have very very good reputation at client site.
[/quote]

[size=4][b]but as per agreement::[/b][/size]
[color=#282828][font=helvetica, arial, sans-serif]Section XX.03 – Non-Compete: Employee shall not (directly or indirectly) engage in any activity in competition with or adverse to Company or the business of Company during the term of this Agreement [/font][/color][color=#0000ff][font=helvetica, arial, sans-serif][b]and[size=5] for one year following its termination.[/size][/b][/font][/color]

[b]Deeni ardham 1yr varaki directly/indirectly you cannot work to the same client with different vendor/employer.[/b]
[b]Since you are working with same prime vendor and client, the only problem i see is your current employer, he have the chance to sue you/your prime vendor since it is a violation of the policy between your prime vendor and employer also.[/b]

[b]This is my experience..which i resolved with discussions with a 3rd layer b/w my employer and vendor... but due to job market(oct-nov-dec) i'm still going with third layer.... [/b]
[b]see what you can do... let me know how did you do ....[/b]

[subbayya]

[quote name='edisav_edava' timestamp='1349234311' post='1302575843']
my client and also prime vendor doesnt want to loose me at all...as so many works are dependent on me...

the business between my employer and my prime vendor is set by me only...i only placed another candidate at my client location from my employer...

since prime vendor only asked to join them...i am ready to join them...

[color=#99ff66]my major concern is the non compete agreement i have signed when my emplyer applied h1 in mar 2012....[/color]

if i jump..will my employer sue me?
[/quote]

Picha light. Once check with your state employment laws of both Texas and NY. Desi employer aa, Antha cinema vundadhu Desi employer ki, mana desi employer ayiteh chala bokkalu vuntai , If you hold on one bokka.., he will keep hi mouth shut. You can simply say he is not paying me more so I'm moving to another employer who is willing me to pay more.


So that's not the agreement between your employer and vendor right.? If so, I think 100% it's not at all a problem.

Please PM me you Texas Employer name.

[subbayya]

[quote name='edisav_edava' timestamp='1349234311' post='1302575843']
my client and also prime vendor doesnt want to loose me at all...as so many works are dependent on me...

the business between my employer and my prime vendor is set by me only...i only placed another candidate at my client location from my employer...

since prime vendor only asked to join them...i am ready to join them...

[color=#99ff66]my major concern is the non compete agreement i have signed when my emplyer applied h1 in mar 2012....[/color]

if i jump..will my employer sue me?
[/quote]

Picha light. Once check with your state employment laws of both Texas and NY. Desi employer aa, Antha cinema vundadhu Desi employer ki, mana desi employer ayiteh chala bokkalu vuntai , If you hold on one bokka.., he will keep hi mouth shut. You can simply say he is not paying me more so I'm moving to another employer who is willing me to pay more.


So that's not the agreement between your employer and vendor right.? If so, I think 100% it's not at all a problem.

Please PM me you Texas Employer name.

[bobby12345]

subbyya bhyaa..naku elanti pblm undi like contract breach cheste 10k katali ani..vadu leagal velthey naku emina pblm aa??


employer is in CA and i am in FL..

Help mee



[quote name='subbayya' timestamp='1349235227' post='1302575903']
Picha light. Once check with your state employment laws of both Texas and NY. Desi employer aa, Antha cinema vundadhu Desi employer ki, mana desi employer ayiteh chala bokkalu vuntai , If you hold on one bokka.., he will keep hi mouth shut. You can simply say he is not paying me more so I'm moving to another employer who is willing me to pay more.


So that's not the agreement between your employer and vendor right.? If so, I think 100% it's not at all a problem.

Please PM me you Texas Employer name.
[/quote]

[edisav_edava]

[quote name='subbayya' timestamp='1349235298' post='1302575910']
Picha light. Once check with your state employment laws of both Texas and NY. Desi employer aa, Antha cinema vundadhu Desi employer ki, mana desi employer ayiteh chala bokkalu vuntai , If you hold on one bokka.., he will keep hi mouth shut. You can simply say he is not paying me more so I'm moving to another employer who is willing me to pay more.


So that's not the agreement between your employer and vendor right.? If so, I think 100% it's not at all a problem.

Please PM me you Texas Employer name.
[/quote]


bokkalu ante ardham kaledu...if u hold one...

if he is not paying me more...i can move to another...thats fine..but according to non compete agreement...i can't work for the same prime vendor kada....there the problem is

[edisav_edava]

[quote name='bobby12345' timestamp='1349235452' post='1302575920']
subbyya bhyaa..naku elanti pblm undi like contract breach cheste 10k katali ani..vadu leagal velthey naku emina pblm aa??


employer is in CA and i am in FL..

Help mee
[/quote]

CA lo non compete agreements are illegal....

[bobby12345]

[quote name='edisav_edava' timestamp='1349235686' post='1302575949']
CA lo non compete agreements are illegal....
[/quote]


Thanks bhyaa..

but vadu legal velithe mana carrier ki emina pblm untundta like h1 and all?

[edisav_edava]

[quote name='bobby12345' timestamp='1349235859' post='1302575965']


Thanks bhyaa..

but vadu legal velithe mana carrier ki emina pblm untundta like h1 and all?
[/quote]


legal ga vellithe..career ki no problems...oka experience letter ivvakapovachu. which may be useful for ur gc....but as long as u got paystubs and w2 from him...u have that....

so career ki emi problem undadu...

since ur employer is in CA...non compete agreements are illegal....okasarai edanna lawyer nee adigi cheyatam better...


sue chesthe...koddiga legal proceedings cheyalsi vasthadi anukuntunna...