Non-solicitation

[anjurao19]

I am a consultant for xyz consultancy company in USA.I was place as a contractor to an abc company.I have now worked 6 months with abc.Abc company is now offering me a full time position.But I had signed a contract with the xyz consultancy company which has a non-solicitaion clause.
Thr is a third party vendor who has placed me to abc company I was not directly placed by the xyz consultnacy company.

"Non-Solicitation: During the course of (unless otherwise directed by and done on behalf of xyz Technologies, LLC) and for the one (1) year period following the termination of your employment with xyz Technologies, LLC, you agree not to directly or indirectly (i) solicit the business of or become employed by any customer or third party entity with whom you had been placed on behalf of xyz Technologies, LLC, and (ii) solicit for employment any person(s) employed by iNEK Technologies, LLC. You agree that xyz Technologies, LLC will be entitled for injunctive relief as well as damages for any violation by you of this paragraph.


As I have signed the contract will xyz will it ilegal for me to join abc company.I really need the job ? Is there any way to deal with the situation?

 

[Michael Wechsler]

I am a consultant for xyz consultancy company in USA.I was place as a contractor to an abc company.I have now worked 6 months with abc.Abc company is now offering me a full time position.But I had signed a contract with the xyz consultancy company which has a non-solicitaion clause.
Thr is a third party vendor who has placed me to abc company I was not directly placed by the xyz consultnacy company.

"Non-Solicitation: During the course of (unless otherwise directed by and done on behalf of xyz Technologies, LLC) and for the one (1) year period following the termination of your employment with xyz Technologies, LLC, you agree not to directly or indirectly (i) solicit the business of or become employed by any customer or third party entity with whom you had been placed on behalf of xyz Technologies, LLC, and (ii) solicit for employment any person(s) employed by iNEK Technologies, LLC. You agree that xyz Technologies, LLC will be entitled for injunctive relief as well as damages for any violation by you of this paragraph.


As I have signed the contract will xyz will it ilegal for me to join abc company.I really need the job ? Is there any way to deal with the situation?

This is a frequent situation. What will likely happen is that your your employment company will likely desire cash in order for the client to hire you away. After all, you are an asset to them. From my experience the best thing to do is to try to work it out between the parties and create a "win-win" for everyone. Your potential employer may have to let your current employer know that they can't continue to afford you as is. Do understand that this may mean that some of the money you might have been hoping for might be washed away in an exchange. But at the same time, you don't know what amount, in excess of your salary, the client was paying. Getting everyone on the same page so your employer gets something for releasing you and the new employer can afford you will get you what you want. The legal language forces this kind of a settlement.

Best of luck to you.