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Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Lawyer
Category: Employment Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I am a W2 Contractor working vendor contracted by the client

Customer Question

I am a W2 Contractor working for a vendor contracted by the client Maximus Inc in Albany,NY.
I had a pre-exisiting relationship with the client having worked a developer for them in Austin,TX.
I was referred to current client in Albany by a friend and approached the Manager directly looking to fill an open contract position.
My manager asked me to get in touch with my current vendor and therefore I was NOT introduced to the client by my Vendor.
The following is the non-compete clause
EMPLOYEE agrees not to compete with COMPANY:
A) at any CLIENT which EMPLOYEE did not have a previous relationship with, but COMPANY
did have same;
B) at any CLIENT which EMPLOYEE was instrumental in helping COMPANY establish a
relationship with, so long as EMPLOYEE was compensated for this act;
C) at any CLIENT which EMPLOYEE gained access to solely through benefit of the relationship
contemplated by this Agreement.
EMPLOYEE further agrees that during said non-compete period, he/she will not, either directly,
or indirectly, either for himself/herself or for any other person, firm company, or corporation,
solicit, divert, or take away any of the existing CUSTOMERS of COMPANY.
Can I sue to be allowed to switch vendors without violating my non-compete clause.
Submitted: 1 year ago.
Category: Employment Law
Expert:  MIAMILAW1127 replied 1 year ago.
Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. The best way for you to go about doing this would be to have your previous vendor agree to release you despite the non-compete language. The reason being that they have to do so willingly. You will not be able to sue them to force them to do so (unless you are alleging the the non-compete is invalid for some reason). However, if the non-compete is valid and was validly executed, you will be bound by the terms of the non-compete. I hope this helps. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Thank you.
Customer: replied 1 year ago.
Hi MiamiLaw,I am indeed claiming that the non-compete is not applicable to me since I had a pre-exisiting relationship with the client having worked for them at a different project. At this project in Albany, I was referred to the client by a friend and NOT the vendor. I approached the client first and AFTER my successful interview, my client (Manager) asked me to get in touch with my current vendor. Just to reiterate, the current vendor did NOT establish my relationship with the client.Further the vendor refuses to entertain communication with me since I alerted the client to the conflict of interest the vendor was engaged in by acting as a full time employee for the client while also floating a staffing agency from his basement.
Expert:  MIAMILAW1127 replied 1 year ago.
Then, under those facts, you will need to sue the previous vendor to invalidate the non-compete so you can move forward with the referred vendor.