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I work for client D with Primevendor C and sub vendor and My…

Customer Question
I work for client...

I work for client D with Primevendor C and sub vendor B and My employerA. Client ends contract 2 months before. Now client wants me to take as a full time, Prime vendor has no objection and my employer has no objection. But sub vendor is saying he will sue my company and me for joining client.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

He is saying after end of contract , until 1 year you should not join client.

Lawyer's Assistant: Has anything been filed or reported?

I work in TX, sub vendor and employer in m ichigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats the whole scenario

Submitted: 8 months ago.Category: Employment Law
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Customer reply replied 8 months ago
I signed non compete agreement with sub vendor.
Answered in 4 minutes by:
9/15/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,291
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What exactly does the non-compete say?

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Customer reply replied 8 months ago
During the term of Contractor Employee's performance of services for a Client on behalf of Company and for one year after the termination of the performance of such serviceq Contractor Enrployee agrees that he/she will not, within the reshicted area as set forth in subparagraph (C) below, (i) provide or attempt to provide (or advise others of the opporhrnity to provide) other than through Company, directly or indirectly, any services to ary Client to which Contactor Employee is providing or has provided services through Company, or (ii) retain or attempt to retain, directly or indirectly for himself&erself or for another party, the services of another one of Companls employees or contactors to which Contoactor Employee has been in&oduced or about which Contractor Employee has received information either through Company or through any Client for which Contractor Employee has performed services or introduced through the Company. Also, Confactor Employee agrees not to discuss or accept any type of employment or any kind of services directly or indirectly with the Client, subsidiaries, affiliates, customers and partners of Client.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

I am afraid if you did sign this agreement with subcontractor, there is an issue with you taking the job with client, since this agreement says you agreed you would not do so. The court would have to enforce this agreement as you signed it, so unless subcontractor agrees in writing to release you from this, they could sue you for breach of contract and client/new employer for tortious interference with contractual relations for allowing you to violate the contract.

You need to provide a copy of that to Client, as they may want to negotiate on your behalf with subcontractor to allow you out of the agreement and pay off subcontractor to allow you out.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 8 months ago
Subcontractor non compete agreement, includes my name and SSN of different person. Still its valid.
Customer reply replied 8 months ago
They did not spend any money on me to place in this job, how they can claim I did damages to sub contractor.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago

Thank you for your reply.

As long as your name is ***** ***** and you signed it, you are bound to that agreement. If you never received compensation or consideration for signing the agreement, including employment with them, then this is something you can use to argue this agreement is void. If you did not work for subcontractor, were not paid by them and did not have any work through them, then you could defeat the agreement based on "lack of consideration" because you must have some consideration for entering into such an agreement. If that is the case you can sue them to defeat the agreement if they try to stop you from taking the job.

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