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I am looking for some legal advise on a non compete and non…

Hi.. I am looking...

Hi.. I am looking for some legal advise on a non compete and non solicitation agreement with my current employer

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

New Jersey

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

No

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

I am seeking employment with a competitor company and need advise on whether there are any contractual limitations

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Answered in 1 minute by:
2/17/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,281
Experience: More than 30 years in legal practice.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
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What is your specific legal question?
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Customer reply replied 4 months ago
I am seeking legal advise on a non compete and non solicitation agreement I have with my current employer. The agreement lists out 5 named competitors and I am trying to resign and move to one of the names competitors. The company I intend to join is asking me to get a waiver from my current organization that they are ok with me joining the competitor. Can my company say no and if they can, do I have any legal options?
Which state?
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Never mind,I just noticed it is nj.
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For a non-compete agreement to be enforceable, New Jersey courts require that the non-compete agreement (1) protects the legitimate interests of the employer; (2) does not impose an undue hardship on the employee; and (3) is not injurious to the public.
To satisfy the the requirement that it not be an undue hardship it must be reasonable in time and geographic limits.
So, yes, they could decline to waive the noncompete and not allow you to work for the named competitor.
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Customer reply replied 4 months ago
Do I then have any legal options to pursue?
Customer reply replied 4 months ago
Here is the section of the NCIn consideration of the employment of the undersigned (“Employee”), Infosys Limited, including any
of its affiliates or direct or indirect subsidiaries (collectively, the “Company”), and as a condition of
continued Employment, Employee agrees as follows.
1. Covenants Regarding Competition: During my employment with the Company and for a period
of six months after my employment is terminated by the Company or by me for any reason, with or
without cause I shall not:
a. Seek or accept any 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 cessation of my employment with Infosys. For
the purposes of this Clause, "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
b. Seek or accept any employment with any customer of Company for whom I performed services as
a Company employee within the last twelve months of my employment with Company.
c. Solicit business from, do business with or render services to, in any capacity, directly or indirectly,
any entity that is or was a Company client or customer for whom I performed services as an
Company employee within the last twelve months of my employment with Company, for a purpose
or in a manner that is in any way competitive with Company’s business.
If, during or after my employment with Company, I seek work elsewhere, I agree to provide a copy of
this Agreement to any person or entities seeking to hire me before accepting employment with or
engagement by any such person or entity.
Customer reply replied 4 months ago
I am trying to join one of the named competitors listed. Does the agreement prohibit me from doing so, if I am not going to be working with the same customer?
Since the agreement does require you be working with the same customer, it would seem, by implication, that you could accept this position with proof you are not working with theprior employer’s customer. Perhaps the new employer will provide a letter.
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Customer reply replied 4 months ago
Does the agreement suggest that I cant work with the competitor at all or does it say that I can, but, just not for the same customer?
Since it separated the named competitors from others, and added a requirement that you would work with their customers, it would appear that you are only in violation if you work for a named competitor AND service a current customer. Otherwise, they could have left out the customer part.
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Customer reply replied 4 months ago
you're saying that if I work for the named competitor, is that a violation if I am not working for the same customer?
That is my read of the section you provided. They separated out certain named competitors to state that it is a violation if you work for them and service a current customer. Why provide that requirement if it is NOT a violation if you are not working on a current customer?
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Customer reply replied 4 months ago
Ok, so if my current organization denies the waiver, do I have any legal options to pursue? My agreement with my employer is at-will.
Unfortuantely, as an at will employee, the employer can elect to not move forward if they want.
You would not have any recourse against either employer, unless you were treated differently due to race, religion, ethnicity, etc.
So, while you may not need a waiver, the new employer may decide they do not want to take the risk.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.
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Customer reply replied 4 months ago
Ok. What I am not clear is if this is clearly stated in the nc why would the competitor still ask for a waiver?
They do not want to get mired in your litigation after bringing you onboard.
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Are you still online with me?
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Customer reply replied 4 months ago
was just mulling over options

Ok.

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,281
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
I have no further questions at this time. Thank you for the advise

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

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