Hi,
Here is a breif description of my situation.
Around 1.5 Yr ago I was hired by a small Software consulting company X. They then introduced me to a big Software consulting company Y. Y helped me to get a project at a client company A. After working for a year with A, A offered me a permanent position which I accepted.
While I was an employee of X, X had no contact or business whatsoever with A. In other words A was the customer of Y and Y was the customer of X.
I had signed a non-compete agreement with X which reads as follows
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Employee herby promises that it will not disclose to anyone, ever, any of the information (including the identities and/or addresses or contact information) for Employer's employees and/or customers and/or prospective customers. For this purpose, a prospective customer is hereby defined as a person or entity with whom Employer sought to do business in the three (3) years immediately preceding whether or not Employer actually did business with that person or entity. Employee further promises that for a term ending one year after separation from the Employer, Employee will not compete with Employer nor any Employee or former Employeeof Employer nor solicit or do business with any customer or prospective customer(as defined in this paragraph). Employee agrees that the damage suffered by Employer by the alleged breach of one or more of these promises may be impossible to remedy by a money judgement alone such that Employer is entitled to injunctive relief.
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X is trying to take a legal action against me for joining A(which they claim to be their customer).
Please advise if they can win this case in court.
Thanks in advance.
Here is a breif description of my situation.
Around 1.5 Yr ago I was hired by a small Software consulting company X. They then introduced me to a big Software consulting company Y. Y helped me to get a project at a client company A. After working for a year with A, A offered me a permanent position which I accepted.
While I was an employee of X, X had no contact or business whatsoever with A. In other words A was the customer of Y and Y was the customer of X.
I had signed a non-compete agreement with X which reads as follows
******************************************************************************************************************************************
Employee herby promises that it will not disclose to anyone, ever, any of the information (including the identities and/or addresses or contact information) for Employer's employees and/or customers and/or prospective customers. For this purpose, a prospective customer is hereby defined as a person or entity with whom Employer sought to do business in the three (3) years immediately preceding whether or not Employer actually did business with that person or entity. Employee further promises that for a term ending one year after separation from the Employer, Employee will not compete with Employer nor any Employee or former Employeeof Employer nor solicit or do business with any customer or prospective customer(as defined in this paragraph). Employee agrees that the damage suffered by Employer by the alleged breach of one or more of these promises may be impossible to remedy by a money judgement alone such that Employer is entitled to injunctive relief.
******************************************************************************************************************************************
X is trying to take a legal action against me for joining A(which they claim to be their customer).
Please advise if they can win this case in court.
Thanks in advance.
