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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1529
Experience:  Practicing Attorney with 10 years experience
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I work A which is an IT service company and Company is a

Customer Question

hi I work for company A which is an IT service company and Company B is a client for Company A. Company A manager trying to end my project and trying to send me to different client. But Company B is willing to offer full-time position, but the manager from company A is trying to not to happen this. I was already on GC before joining Company A. Is there any legal issues if I join Client-B?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: BOSTON, MA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: i was given non-compete agreement with company-A
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
non compete information on the offer letter:
For and in consideration of the Company’s entering into this Agreement and providingthe compensation outlined herein, Employee agrees that, during the Employment andfor a period of one (1) year after the termination of the Employment (irrespective of thereason for the termination of the Employment hereunder), the Employee shall notengage in any Competitive Activity. “Competitive Activity” shall mean either: (1) duringthe Employment, attempting to take or taking a business opportunity, whether forEmployee or some third party, that could otherwise go to company-A or its affiliates; or (2)following the termination of Employment, directly or indirectly, as an employee,consultant, contractor or otherwise, performing services for, contacting for a businesspurpose, or soliciting the business of any company-A’s customer or prospect with whom theEmployee has worked or interacted during the most recent two (2) years of theEmployment with company-A
Expert:  Asad Rahman replied 3 months ago.
As long as you do not have a noncompete agreement or a clause in your contract with Company A then there is no legal basis for them to stop you.
Expert:  Asad Rahman replied 3 months ago.

Although not the peeps are in enforceable they have to be limited in scope and geographical location. Yours is probably going to be viewed as enforceable since it only applies to clients you have work with. My suggestion would be to either negotiate a release or pay them some compensation to release you

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