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View Full Version : Middle Vendor Non Compete a problem?


iamstuck
04-16-2011, 12:08 PM
Folks, I need your advice on a Non Compete Agreement I signed with a Middle Vendor. I am on H1B and here is the arrangement: Client -> Preferred Vendor -> Middle Vendor -> Employer -> Poor Old Me. So being the hard working desi that I am, Client has fallen in love with me and wanted to hire me. They are offering me wonderful benefits and stuff. They have settled with their preferred vendor and my employer to take me aboard but say they see no reason to deal with the middle vendor. Middle vendor has found out I am joining client and are threatening to sue me. Here is the contract document. I have reproduced it exactly as it is (including the grammar mistakes). Of course there were names addresses and last digits of SSN on the top and bottom:

In the wake of a employment opportunity for [employee] as a contractor with [Desi Middle Vendor], for the position of [technical position];
(A) [employee] agrees that [Desi Middle Vendor] will represent [employee] services to the clientele of [desi middle vendor] and hereby deem this representation be made by [desi middle vendor] and no other companies, entities or third parties, where there is an existing business relation between [desi middle vendor] and their clientele.
(B) [employee] agrees that he will not take up direct employment or Contract Work with Clients, Sub contractors, Corporations, Agencies or any other entity or person where he is introduced by [desi middle vendor] or assigned as [desi middle vendor] personnel starting from hiring process, during and until one year after termination of particular assignment or project through [desi middle vendor].
In the even [employee] takes direct employment or contract work defying above mentioned clause A & clause B of this agreement, [employee] is required to pay the monetary damages to and sought by [desi middle vendor]
Any disputes with regards to this agreement will be taken in and by the law of State of Connecticut.

The middle vendor had put an older date on the agreement and had asked me not to put a date on it. I printed the document, signed it, did NOT date it, scanned (color) it and sent it to him in email. I still have the original.
So I guess my question is how enforceable the contract is with the current state of affairs and what recourse I have other than giving up the great offer.
Thanks
:confused:

pnara2
04-16-2011, 07:12 PM
I came across a similar case and the court decided that the guy should not join the company for 1 yr! Because the non-compete agreement said 1 yr! I guess it is the same in your case!

You may want to first seek legal help on this one, and then maybe take action!

snathan
04-16-2011, 08:03 PM
Folks, I need your advice on a Non Compete Agreement I signed with a Middle Vendor. I am on H1B and here is the arrangement: Client -> Preferred Vendor -> Middle Vendor -> Employer -> Poor Old Me. So being the hard working desi that I am, Client has fallen in love with me and wanted to hire me. They are offering me wonderful benefits and stuff. They have settled with their preferred vendor and my employer to take me aboard but say they see no reason to deal with the middle vendor. Middle vendor has found out I am joining client and are threatening to sue me. Here is the contract document. I have reproduced it exactly as it is (including the grammar mistakes). Of course there were names addresses and last digits of SSN on the top and bottom:

In the wake of a employment opportunity for [employee] as a contractor with [Desi Middle Vendor], for the position of [technical position];
(A) [employee] agrees that [Desi Middle Vendor] will represent [employee] services to the clientele of [desi middle vendor] and hereby deem this representation be made by [desi middle vendor] and no other companies, entities or third parties, where there is an existing business relation between [desi middle vendor] and their clientele.
(B) [employee] agrees that he will not take up direct employment or Contract Work with Clients, Sub contractors, Corporations, Agencies or any other entity or person where he is introduced by [desi middle vendor] or assigned as [desi middle vendor] personnel starting from hiring process, during and until one year after termination of particular assignment or project through [desi middle vendor].
In the even [employee] takes direct employment or contract work defying above mentioned clause A & clause B of this agreement, [employee] is required to pay the monetary damages to and sought by [desi middle vendor]
Any disputes with regards to this agreement will be taken in and by the law of State of Connecticut.

The middle vendor had put an older date on the agreement and had asked me not to put a date on it. I printed the document, signed it, did NOT date it, scanned (color) it and sent it to him in email. I still have the original.
So I guess my question is how enforceable the contract is with the current state of affairs and what recourse I have other than giving up the great offer.
Thanks
:confused:

I advise to spend few hundered bucks and talk to an attorney...these NC are different from state to state. Some dates favour the employer and some the employee.. and also matters if there is flaw in the writen statements. So talk to an attorney.