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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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Currently I would like to work with the client through different employer as current empl

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Currently I would like to work with the client through different employer as current employer is giving lot of troubles to both me and client.

I almost had to go back to my home country in 2012 as my employer could not respond to INS queries in time and also not providing proper medical insurance etc.

Can you please let me know whether I should worry about the below clause in my empoyment agreement as per California State Law if I want to work with the client through different employer?

Or Do I need to really wait for 6 months to resume working with the client after my resignation with my current employer.


8. ADDITIONAL SERVICES FOR CLIENT

Employee understands that Employer has agreed to pay a portion of the Employee’s compensation in exchange for Employee’s agreement to, and abiding by, this paragraph during the term of the Employee’s relationship with Employer and for six (6) months immediately thereafter. Employee understands that he/she will not perform
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation nad hope I can help.

Your post of the contract caluse appears to have been cut off.

Could you please re-submit it?
Customer: replied 1 year ago.

Currently I would like to work with the client through different employer as current employer is giving lot of troubles to both me and client.

I almost had to go back to my home country in 2012 as my employer could not respond to INS queries in time and also not providing proper medical insurance etc.

Can you please let me know whether I should worry about the below clause in my empoyment agreement as per California State Law if I want to work with the client through different employer?

Or Do I need to really wait for 6 months to resume working with the client after my resignation with my current employer.


 


8. ADDITIONAL SERVICES FOR CLIENT


Employee understands that Employer has agreed to pay a portion of the Employee’s compensation in exchange for Employee’s agreement to, and abiding by, this paragraph during the term of the Employee’s relationship with Employer and for six (6) months immediately thereafter. Employee understands that he/she will not perform services for Client directly or indirectly unless the client was introduced to the Employer by the Employee.


 


17. GOVERNING LAW


The laws of the state of California shall govern this Agreement. Any litigation in connection herewith shall be brought, consistent within the state or federal courts of the state of California and both parties hereby consent to such courts’ exercise of personal jurisdiction over them.


 


 


Note: just in case : the Circustances I signed the agreeement.


 


The attached agreement was sent by my employer through email as neccessary document for my H1 visa extension before 2 days of H1 visa extension dead line.


 


When I asked about the content over phone he replied that these are needed for visa extension. I just signed in last page and sent scanned copy to him.

 

Expert:  Joseph replied 1 year ago.
The provision that you were required to sign is a non-compete agreement and is void under California Business and Professions Code Section 16600.

However, under Trade Secret laws, an employer can consider their client and/or customer list protected, and can prevent former employees from contacting their clients for a certain amount of time after working with them.

However, if the clients and/or customers contact you, you would be free to work with them.
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work.

Or, please ask me any follow up questions you have.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4999
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


I have asked a follow up and reconfirmation question.


 


It will be great if you please answer it


 


Thanks

Expert:  Joseph replied 1 year ago.
I haven't seen that. Could you please retype it?
Customer: replied 1 year ago.

 


Just for reconfirmation.

 

I have signed the Emploment Agreement in May 2012.

 

I have resigned the company in Feb 2013 and relieved on March 1.I am working with Client through different employer/agency from today.

 

The Employer I resigned called me and cautioned I can not work for the same client.

 

Another Important thing the client is located in Illinois and I am working in Illinois.

 

But as per Governing Law in agreement the conditions should come under CA Laws right?.

 

 

As Non-Compete is void under California Business and Professions Code Section 16600, I need not worry about the below condition though I had signed in May 2012.



8. ADDITIONAL SERVICES FOR CLIENT

Employee understands that Employer has agreed to pay a portion of the Employee’s compensation in exchange for Employee’s agreement to, and abiding by, this paragraph during the term of the Employee’s relationship with Employer and for six (6) months immediately thereafter. Employee understands that he/she will not perform services for Client directly or indirectly unless the client was introduced to the Employer by the Employee.

 

 

 

17. GOVERNING LAW

The laws of the state of California shall govern this Agreement. Any litigation in connection herewith shall be brought, consistent within the state or federal courts of the state of California and both parties hereby consent to such courts’ exercise of personal jurisdiction over them.

 

Please let me know can I work with client (located in IL) immediately after my termination with employer that I signed the above condition in May 2012 on Employment agreement?

 

Your response and review will help me alot.

Expert:  Joseph replied 1 year ago.
Unfortunately, I cannot give you a yes or no answer regarding whether you can work with the client without any fear of reprisal by your previous employer.

If you solicited the client (i.e. got them to leave your previous employer to come work for you with a different company) then your former employer could sue you for violating their trade secrets.

However, if the client continued to contact you after your employment relationship ended with your former employer, you would not be considered to have violated their trade secrets, and it would be legal for you to work with the client.

It is very important that you keep records and would have the client testimony to support that they were the moving party in deciding to continue their relationship with you with a new employer, and that you did not solicit them in any way.

This is important since even if the latter situation is true, your employer could come after you for trade secrets violations and could sue you for allegedly violating their trade secrets by contacting the client immediately after your termination.
Customer: replied 1 year ago.


Unfortunately the client asked me to go through another employer before I terminated employment with previous employer as previous employer causing H1-Visa troubles.


 


The client wanted me to be in USA with out visa issues. But I am not sure whether client will give this tesimony in court as it is a big MNC compnay.


 


In short I wanted to go back my own country as I am getting issues. then client wanted me to stay as he thought I am important and offered me to go through another employer. Client gave letter to new employer for H1 Visa approval.


 


Once H1-Visa approved with new employer, informed the old employer on resignation and gave 30 days notice.


 


I am ok if you want me to pay more as I am asking specifically. Can I take an appointment to talk with you directly on my situation and let me know how much I should pay?


 


 

Expert:  Joseph replied 1 year ago.
You were definitely put in a really difficult position by your former employer if they were creating issues with your visa.

It's quite possible that your previous employer would sue your current employer for violating their trade secrets since they could potentially get a settlement from your current employer due to their desire to not spend a lot of money on litigation.

No, unfortunately, JustAnswer experts aren't allowed to contact customers outside of the site.

However, I'd be happy to answer any follow up questions you have.

You can ask me furhter questions by puting "to Joseph" at the beginning of any additional questions.

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