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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32113
Experience:  JD, BBA, recognized by ABA for excellence.
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- I work for an Indian IT Consulting company and i want to

Customer Question

- I work for an Indian IT Consulting company and i want to join the same client through another vendor.
- I came to USA on L1B and now I am on Green Card.
- There is no such agreement signed between the company i work for and new new vendor i want to join, that their individual employees can not join each other.
- I would like to share my offer letter with the respective attorney and seek for advice if the non-compete clause in the offer leter abide by the US Labor Laws.
- Kindly advice if you would like me to furnish more details to answer the question.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Has your current employer agreed to permit you to work for the vendor? Would you be working as an employee or independent contractor? Please paste the language of the document you would like me to review here. Please remember that we are not permitted to provide legal advice through this forum though, but only legal information and feedback.

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

Hello Tina, Thanks for responding to my query. Please note that:


 


1. I have not spoken to my current employer yet and i am doing my due dilligence before taking any step.


2. I will be working as an employee of the new vendor. However i have the option of joining new vendor as an independent contractor as well.


3. I have the contract letter in the form of .pdf. Can i send you the entire file for your review. I do not see an option to attach files here.

Expert:  Tina replied 1 year ago.
Hello again and thank you for this additional information.

There should be an image loader on your screen but I have heard customers are having difficulty with it currently. You can used this file share site to post your file though and then provide me with a link to it:

http://pastelink.me/

Please let me know also what information you are seeking from me after reviewing the document. Thank you and I look forward to assisting you.


Customer: replied 1 year ago.

Tina, the http://pastelink.me/ does not work in Internet Explorer, i have no other browser. Can i share the document with you by sending it to some email id..?


 


The answers i am looking for are:


 


1. Does the non-compete cluase restrict me from joining another vendor and working for the same client.


2. Does the clause abide by US Labor law..?


In other words, how strong is the non-compete in my offer letter..


 


Thanks..!

Expert:  Tina replied 1 year ago.
Hello again,

You can use your "help" button to contact customer service and send it to them. They can forward it to me by e-mail. It will take some time. If you are in a hurry, you can paste the content you want me to review here in this question thread.

Customer: replied 1 year ago.

sure, let me contact customer service.


 

Expert:  Tina replied 1 year ago.
OK. I will wait to hear from them or you.
Customer: replied 1 year ago.


I have just sent it to the customer support, it should be coming your way now. Just a few more facts:


 


1. I was hired by this company in India and sent to USA on deputation.


2. I came here on H1B and now i have a Green Card.


3. The Company "Satyam" that has issued me the offer letter was bought by another company and now it's not called Satyam anymore, it's called "Tech Mahindra"


 


 


 

Expert:  Tina replied 1 year ago.
OK, I will wait to hear from customer service and post your answer as soon as I have an opportunity to review the proposed agreement. Thank you for your patience.
Expert:  Tina replied 1 year ago.
Hello again,

I am reviewing the offer and have a few concerns. First, the offer indicates twice that this work for the vendor will be your exclusive employment, so you would not typically be able to work for another employer during the term of your employment with this company.

Second, the offer indicates that the company may terminate your employment at any time and require you to return to India, while you are prohibited from terminating your employment until the project is finished. This is very one-sided and may make the employment agreement unenforceable since the company is not bound to anything since it can terminate the agreement at any time.

They could also seek damages against you if you leave early, which could be substantial, and the company requires you to indemnify them if they are held liable for any act or omission on your part, which could be substantial as well.

There does not appear to be a non-compete provision following your employment, but you would typically be prohibited from working for another company while you are employed with this company and you cannot leave them for other employment until your assigned project is completed.

I would not typically agree to these provisions as written. At a minimum, I would require that the company agree that they cannot terminate you prior to completing the project except for good cause and, if you wish to work for another company while employed by them, they expressly agree to that employment.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

Thanks for your response Tina.


 


I think i did not mention it, i am planning to submit my resignation to "Satyam". After serving 2 weeks of notice period from the date of submitting resignation, i am free to join another employer. I am on Green Card (permanent resident), not on a work visa.


After these 2 weeks only i will join another company and keep working for the same client.


 


This is how i will represent the scenario:


 


Working for Company "A (Satyam)". Through company "A" working for client "C". Planning to resign from Company "A" and join compny "B". Through company "B" keep working for the same client "C".


 


do you see the contract very strong to restrict me from doing so.


 


once again, that a lot for your time..!


 

Expert:  Tina replied 1 year ago.
Hello again,

You are very welcome. Yes, if you join this company (Company B), you should obtain their express consent (in writing) to work for Company C since the language of the offer as it stands would prohibit you from doing that.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.

you mean i should get the consent in writing from Company "A" that i can work for Client "C" through company "B"..?


 

Expert:  Tina replied 1 year ago.
The company you are going to work for, which made you this offer, they are the ones you should obtain express consent from to work for client "C".
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32113
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 4 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

oh yes..they are ready..i mean company "C" is ready to write me an offer...


 


I though i need to get a consent from my current employer "A" and that might be tough..!!


That helps.. you rock.!!


 


Thanks very much..!!


 

Expert:  Tina replied 1 year ago.
No, you would not need consent from your current company typically.

You are very welcome and thank you for the wonderful feedback. Good luck to you!

Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you!

Tina

Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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