Employee Agreement Dispute

[Vanitha]

What is the name of your state?
Pennsylvania

I am an H1B visa holder from India.
My consultant in ohio, subcontracted me to another consultant in Pittsburgh. The subcontractor has placed me in a job and they are willing to make me as a full time employer. My employee agreement with the consultant in ohio states that
Non-Competition
----------------
The employee agrees that period of employment wiith the company, he will not directly or indirectly solicit the trade of, or trade with any customer,end customer where the company offers job through its customer(sub contracting),prospective customer,supplier,supplier of the company, for any business other than the benefit of the company

The employee agrees that for one year following termination of his employment with the employer for whatever the reason may be, the employee shall not directly or indirectly do any of the following
1. solicit or induce or attempt to solicit or induce any employee or consultant of the company to leave the company for any reason whatsover, or hire any consultant or employee of the company
2. Solicit or accept any employment/ business from a person, firm that is the customer of the company during the time the employee is employed by the company.
3. Solicit or accept any employment/business from a person that is a end-customer of the company(ie through sub-contracting) during the time the Employee is employed by the company.


Please let me know whether i can go ahead in taking this employment offer in which i am intrested in.

Thanks

 

[Beth3]

You're free to accept the job. You're also free to run the risk that the consulting company will sue you for violating the terms of the agreement you agreed to when you were hired.

 

[Vanitha]

How bad will be the risk in taking this offer? The consultant is demanding for a huge sum if he has to let go me.
According to his contract, i have to work withhim for 9 months and then i cannot work with the subcontracted companies for one year.

I am really in a Panic situation. I dont want to miss this golden opportunity

 

[dhande]

Employee Agreement

I have a similar question.
I was working with a Client XYZ on a project. My company is A.
There are two more layers in between my company A and final client XYZ, ie company B and company C. The

relationship is as follows. Client XYZ has given contract to comp B, Comp B has given subcontracting to comp C

and comp C has given the contract to my comp A. I worked and got rolled off of this project last month. So the

contract period has ended. But the client XYZ is again interested in me and wants to give the contract through its

preferred vendor ie comp B. Comp B is willing to pass this contract to me only if I join in their pay rolls. So I dont

know if legally I can join this comp B and start working for client XYZ again in a new contract.
I am not joining comp C with which my company had the last contract with. The relationship is again as follows:
Client XYZ-> Comp B-> Comp C-> Comp A(my company)
I want to join Comp C, is it possible?? I am on H1B Visa.

Thanks

 

[Beth3]

How bad will be the risk in taking this offer? You are asking someone here to predict what your employer will do. Obviously that's impossible.

dhande, you have your own post. Piggy-backing on someone else's is bad form nor will it result in any responses you won't get at your own thread.