T
tuntun
Guest
What is the name of your state? California
Hi!
I was working for a software staffing company. I was working for a client which is/was not a direct client of my employer, by this I mean there was a middle company between my company and end client. Now I have joined the end client, which does not have and never had any direct business with my previous employer.
I had signed a contract with my previous emloyer which has one paragraph saying:
AGREEMENT NOT TO SOLICIT CLIENTS
Employee covenants and agrees that during the employment by the company and for the period of two (2) years after the termination for any reason, of such employment, he will not, directly or indirectly on his own behalf of others
(a) Solicit, serve for, divert, or appropriate to a competing business, (b) attempt to solicit, divert, or appropriate to or for any competing business, or (c) except pursuant to the agreement, agree to provide or accept an offer to provide services of the type and nature that he has engaged while being employed by the company or services which are the same as or essentially the same as the services constituting the business of the company to or from those persons or entities who have had, at any time prior to the employee's departure, business relationship with the company.
Now, my questions are:
1. Does this paragraph restricts me to join the end client(end client never had direct business with my employer, I was working there through a middle company).
2. My previous employer has sent me letter, which says that since I have joined there end client, which in turn is a loss to there business so to settle this informally I have to give them some(a huge amount) money or they will proceed with civil litigation. In summary they threatening to sue me.
3. Will they stand in the law of court in California based on above contract paragraph and win the case.
Immediate response and help is greatly appreciated.
Hi!
I was working for a software staffing company. I was working for a client which is/was not a direct client of my employer, by this I mean there was a middle company between my company and end client. Now I have joined the end client, which does not have and never had any direct business with my previous employer.
I had signed a contract with my previous emloyer which has one paragraph saying:
AGREEMENT NOT TO SOLICIT CLIENTS
Employee covenants and agrees that during the employment by the company and for the period of two (2) years after the termination for any reason, of such employment, he will not, directly or indirectly on his own behalf of others
(a) Solicit, serve for, divert, or appropriate to a competing business, (b) attempt to solicit, divert, or appropriate to or for any competing business, or (c) except pursuant to the agreement, agree to provide or accept an offer to provide services of the type and nature that he has engaged while being employed by the company or services which are the same as or essentially the same as the services constituting the business of the company to or from those persons or entities who have had, at any time prior to the employee's departure, business relationship with the company.
Now, my questions are:
1. Does this paragraph restricts me to join the end client(end client never had direct business with my employer, I was working there through a middle company).
2. My previous employer has sent me letter, which says that since I have joined there end client, which in turn is a loss to there business so to settle this informally I have to give them some(a huge amount) money or they will proceed with civil litigation. In summary they threatening to sue me.
3. Will they stand in the law of court in California based on above contract paragraph and win the case.
Immediate response and help is greatly appreciated.