Need to review Noncompete and what i can do and what i can`t do

write2bapun

New Member
Jurisdiction
Illinois
Non Compete:


At all times while employed by xxxxxxxxxxxx Company and for a period of twelve (12) months immediately following termination of employment for any reason, whether with or without good cause or for any or no cause, and whether at the option either of xxxxxxxxxxxx Company or Employee, with or without notice, Employee agrees to not compete, whether directly or indirectly, with xxxxxxxxxxxx Company and to not, either directly or indirectly, interfere with xxxxxxxxxxxx Company's contracts and relationships, or prospective contracts and relationships, including, but not limited to, xxxxxxxxxxxx Company's customer or client contracts and relationships without the prior written consent of the President of xxxxxxxxxxxx Company.

The term "not compete" as used herein means that Employee shall not, without the prior written consent of xxxxxxxxxxxx Company(i) solicit or accept employment or serve as a partner, employee, consultant, officer, director, manager, agent, associate, advisor, investor, or otherwise for, (ii) directly or indirectly, own, purchase, organize or take preparatory steps for the organization of, or (iii) build, design, finance, acquire, lease, operate, manage, invest in, work or consult for or otherwise affiliate with, any business in competition with or otherwise similar to xxxxxxxxxxxx Company's business.

Question: I am working as a contractor for a fortune 500 pharma company. My employer is a small IT vendor who is doing contract to the client through a vendor. Now my client wants to hire me. I see above writing in my non compete doc which i had signed in past.

I would like to know is it going to be any problem with non compete if i join client who is a fortune 500 company in pharma but not into core IT business.
 
Question: I am working as a contractor for a fortune 500 pharma company. My employer is a small IT vendor who is doing contract to the client through a vendor. Now my client wants to hire me. I see above writing in my non compete doc which i had signed in past.

I would like to know is it going to be any problem with non compete if i join client who is a fortune 500 company in pharma but not into core IT business.


In most such non-compete contracts where a contractor is employed through an outside agency, the company using the contractor's services can exercise an option to hire the person.

If that language is NOT in the contract you hold, talk to your agency that pays you about the potential offer to hire you, or have a manager of your future employer speak to a manager of your employing contract agency.

This is all quite normal and occurs everyday in this country without issues.

The one snag could be if you are working in the USA on a temporary work visa.

That often involves the new company in securing you a new visa before the actual changes take place.

You need to discuss this with the appropriate officials in both organizations.
 
Agree that there could also be something in the client contract that either forbids it or put qualifications on it — it's very common for contracting companies or vendors to protect their employees from being stolen by the client. So you need not only look into the NCA that you signed but also what top level documents your vendor has signed
 
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