non-competence.If I join middleman's competetor.

[CALGUY]

What is the name of your state? California.
Hi,

I am a W2 employee of a Techconsulting firm, based in Michigan(A) for the past 6 years.
They contracted me to another company (B) which contracted me to a Client (C),based in california.I m working for the client(C) for past 2 1/2 years.

I don't have the Employment agreement, I signed with my employer (A).
I want to quit company (A) and join a new staffing company (X) based in NewJersey and still work for the same client (C) in california.

My employer(A) is saying , they have an non-competence agreement for 2 years.

my question is..

Can I join new staffing company (X) and still work for Client(C)?
Since my agreement is between myself and my employer (A) and I never had an agreement with the middle man (B).
And I m not working for my employe'rs (A) client, who in my case is (B) the middle man.
Also, I m not joining my client, who is the middle man's (B) Client.

Since California has stringent rules for non-competence favoring employees.I want to find, If I am ok with this change.

Lets say, If middle man(B) is OK, with me joining a new staffing company and work for the client, Can my employer(A) create problems?
because, my middle man has some business and plans to get more business with the client. And I have a good rapo with the client.Middle man maynot want to create problems, if my manager likes me.

Is there any way to see my employment agreement, the one I signed 6 years ago.Like gettin a copy.

I m planning to check with an attorney.before that, I just want to check others experiences in this regard and to know their suggestions.

Thanks for reading..

 

[cbg]

Without seeing the exact wording of the agreement, I couldn't say anything for certain sure. However, here are some general thoughts:

1.) It is my understanding that California does not permit non-compete agreements.

2.) In those states which do permit non-compete agreements, 2 years is generally considered unreasonable.

3.) If your employer refuses to provide you with a copy of the agreement, I see no reason why you should consider yourself bound by it.

4.) HOWEVER, if there is a "gentlemen's agreement" between any combination of the three companies that they will not hire one another's employees (which is quite common) that is perfectly legal. Even in California.

 

[Ramoth]

"My employer(A) is saying , they have an non-competenceagreement for 2 years."


I'm not saying a word.

 

[CALGUY]

thanks

Thanks for your replies...

Employer hand book doesn't say anything about non-compete agreement.
But It would have been in the signed the Employment Agreement.

I should try to get a copy,Though it will raise suspicion..

Ramoth,
What are you trying to say?Sorry, I couldn't get that.

 

[CALGUY]

from my agreement

At last, I found my agreement.Pl. let me know, if it says any thing alarming or Can I break this..

From the employemnt agreement...

Non-Solicitation

Emloyee agrees not to provide any type of services that are COMPANY(A) business related, to any COMPANY(A) clients, without the consent of COMPANY(A),during employemnt with COMPANY(A) and two years thereafter.