How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

I am working at a major bank through a small consulting

Customer Question

I am working at a major bank through a small consulting firm. When I joined the consulting firm, I signed an agreement which included the following statement: employee agrees not to enter into any direct or indirect contracts/relationships to provide services
to clients while employed by , and for a period of four months after leaving without prior written consent of . I have an offer from another department from the same bank for a contract position. My current consulting firm does not have a client relationship
with this department. My question is if I resign from the consulting firm and take up the contract position with the other department, is it considered a conflict of interest?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

This is a complicated issue, however, if you quit your current position and work for the employer in another department, the consulting company would be able to claim this is a breach of the contract, even if they have no direct relationship with the department, as they are the same company

Expert:  wallstreetfighter replied 1 year ago.

if the clients name is ***** ***** as the original consulting agreement, this would be a problem, and you may need to try to negotiate a release with the consulting firm.

Customer: replied 1 year ago.
I have already resigned from the consulting firm and taken up the contract with the other department. What can I do now? The consulting company has approx. 100 employees and the bank has approx. 50,000 employees. The consulting firm has contracts with individual departments as they only provide consulting services to those departments. What are my options?
Expert:  wallstreetfighter replied 1 year ago.

you should not do anything at this point, and if the former employer tries to bring legal action, at that point, you can try to settle with them, typically they would not sue you,

Expert:  wallstreetfighter replied 1 year ago.

they usually will try to settle with you for some sum of money,

Customer: replied 1 year ago.
can they make me leave my job at the new department?
Expert:  wallstreetfighter replied 1 year ago.

that would be difficult, as the non compete agreement was only for four months, and they are a consulting company, not a direct competitor,

Customer: replied 1 year ago.
How much money can would they request to settle for in terms of my annual salary?
Expert:  wallstreetfighter replied 1 year ago.

they could ask for 4 months of commission they would have received, or more

Customer: replied 1 year ago.
HOw much should I settle for?
Customer: replied 1 year ago.
can they hold back my vacation pay for over 30 days?
Expert:  wallstreetfighter replied 1 year ago.

it is hard to state here, I would see what they ask for, and negotiate down

Expert:  wallstreetfighter replied 1 year ago.

in most States an employer cannot withhold earned wages

Expert:  wallstreetfighter replied 1 year ago.

you could file a labor complaint for the owed pto if they do not pay it

Customer: replied 1 year ago.
thanks!
Expert:  wallstreetfighter replied 1 year ago.

good luck, and if satisfied with our service please provide us with positive feedback, thank you

Customer: replied 1 year ago.
Oh, my position was filled by another consultant from the same firm. So, I don't think they are losing any revenue. Can they still try to sue or ask for sum of money?
Expert:  wallstreetfighter replied 1 year ago.

they could, but need to prove actual damages

Customer: replied 1 year ago.
How much time do they have to sue me?
Expert:  wallstreetfighter replied 1 year ago.

usually 1-3 years depending on your State statute of limitations,