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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118175
Experience:  20+ Years of Employment Law Experience
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I am working with Infosys for a client based out of Michigan

Customer Question

Hi Wilson,
I am working with Infosys for a client based out of Michigan and I am planning to switch to a competitor of Infosys and continue working for the same client.
But I have signed the NCA agreement with Infosys.
What will be the impact if I join the competitor company.
Will Infy be filing a law suit against me for breaking the NCA? What would be the repurcussions?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Michigan
JA: Is the employment agreement "at will," union, full time or part time?
Customer: The already signed one is full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: "I agree that for a period of six (6) months following the termination of my employment with Infosys for any reason, I will not:
(a) accept any offer of employment from any Customer, where I had worked in a professional capacity with that Customer in the twelve (12) months immediately preceding the termination of my employment with Infosys;
(b) accept any offer of employment from a Named Competitor of Infosys, if my employment with such Named Competitor would involve me having to work with a Customer with whom I had worked in the twelve (12) months immediately preceding the termination of my employment with Infosys.
For the purposes of this Non Compete Agreement, “Named Competitor” shall mean the following
entities and their wholly owned subsidiaries:-
i. Tata Consultancy Services Limited
ii. Accenture Limited
iii. International Business Machines Corporation
iv. Cognizant Technology Solutions Corporation
v. Wipro Limited " This is the agreement
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Actually, you must disclose this non compete to the new employer first and foremost. The new employer would be liable to be sued for tortious interference with the old employer's contract with you and for damages, including loss of business with the client. Second, Info can sue you for breach of contract and get a court injunction preventing you from working for the client any longer and for the cost of their legal fees and damages suffered from your violation of the contract.
Legal fees and damages, not to mention the injunction, can cost you $10,000 or more. This is in addition to what they can pursue your new employer for their interfering with the contract.
These contracts are enforceable and many employers will pursue them in court.