Breaking Non Compete Agreement...how..?

[bobby12345]

ade bhyyaa sue cheste carrier effect avuthgunda?
manam fake exp petti bind cheyali anukuntunadu ani cheppavacha legal ga?


what are the reasons i can say to lawyer for breaching contract..??

please help mee ba last question



[quote name='edisav_edava' timestamp='1349236023' post='1302575982']


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...
[/quote]

[edisav_edava]

[quote name='bobby12345' timestamp='1349236262' post='1302576005']
ade bhyyaa sue cheste carrier effect avuthgunda?
manam fake exp petti bind cheyali anukuntunadu ani cheppavacha legal ga?


what are the reasons i can say to lawyer for breaching contract..??

please help mee ba last question
[/quote]


nenu searching for the same answer

[subbayya]

[quote name='6pounds' timestamp='1349235104' post='1302575894']

[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]
[/quote]


But he didn't mentioned in agreement[b] "Even though for any reason if the employee gets fired and again client willing to hire him he directly or indirectly can not work with client for one year".[/b]

He has to mention that in his agreement. So no way to sue you. It's an H-1 application agreement not an Vendor-Employee agreement. For safety take a look at you MSA and PO also which are between Vendor and employer.

[subbayya]

[quote name='6pounds' timestamp='1349235104' post='1302575894']

[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]
[/quote]


But he didn't mentioned in agreement[b] "Even though for any reason if the employee gets fired and again client willing to hire him he directly or indirectly can not work with client for one year".[/b]

He has to mention that in his agreement. So no way to sue you. It's an H-1 application agreement not an Vendor-Employee agreement. For safety take a look at you MSA and PO also which are between Vendor and employer.

[edisav_edava]

inka evaranna manchi suggestions isthara???

fire and hire is one option....

[edisav_edava]

ltt

[chillax]

non-compete agreements are valid and if you are on H1...it will create a problem...they can take legal action against you...so talk to an attorney if possible...but don't do anything foolish without legal advice..

[littlestar]

bhayya matter mottham chadavale..mee employer ki hand ichhi prime vendor daggariki potha antunnava?
prime vendor gadiki hand ichhi mee employer ni prime vendor ga chesthunnava..been this phase from last 2 months and I succeeded kicking primevendor out of the loop

[edisav_edava]

[quote name='Little Star' timestamp='1349285617' post='1302577953']
bhayya matter mottham chadavale..mee employer ki hand ichhi prime vendor daggariki potha antunnava?
prime vendor gadiki hand ichhi mee employer ni prime vendor ga chesthunnava..been this phase from last 2 months and I succeeded kicking primevendor out of the loop
[/quote]

i cant kick the prime vendor out....employer ki hand ichi priume vendor deggariki pothunna....