Thank you Judith for a very proffessional answer. Here is some more details ...
I live in California, I've never been to Georgia except I happen to work for a Georgia company. The company sent me the offer letter (covenant) over email, which Ive signed and returned via email.
I am working for a client of this Georgia company presently in California as a consultant. The client has offered me an employment with them. I informed the same to the Georgian company, but they are threatening to file a lawsuit against me as the offer letter that I signed with them has a clause stating that I cannot work with its clients.
As per the agreement signed, any lawsuit raised, will proceed in the jurisdiction of Atlanta, Georgia. So I am wondering how California courts will be involved
So my question is whether this NCA is enforceable on me (or can they technically sue me) given my situation ?
btw, this is how its written in the agreement "This Agreement will be governed by and construed according to the laws of the State of Georgia, excluding conflicts of laws principles"
still looking for an answer ....
Thank you !
you are welcome. The answer was indeed very thorough.
One thing I fear of is, Although I have a legal stand, I still have to bear the expenses of fighting the lawsuit, if my employer goes ahead and sues me, right ?
Sorry for the delayed reply. Thank you for answering my previous query, However I would like to request you to review my agreement, so to be totally sure before joining the client formally
Unfortunately what I overlooked about the clause is that it says I have to pay $50k (which is outrageous) to my employer in the event I join its client (which I introduced). I am not sure if this is a non-compete clause. And this is the clause against which my employer is threatening to sue me now
Please let me know how can I get my agreement across to you. I just want to take a well informed decision is all. I dont want to end up burning lot of cash
I dont understand myself too. I think I have accepted your answer and the amount also is debited. Let me repost this as a separate question
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