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  • Non-compete agreement

    Dear Sir/Madam,

    I have EAD and legal work authorization in USA. I was working for " xyz " (client) company on behalf of "abc" company and my pay roll is with "abc" I have an agreement NCA with " abc " company for one year after completion of my employment.

    Now i got same " xyz " opportunity through other company " pqr " ( prime vendor) and " tuv " (pay roll company ) with best salary so i want to break my NCA ith "abc".

    As i have a NCA with "abc" and if i break the NCA, and if i work for " xyz " on behalf of "pqr" and "tuv" what kind of legal issues i may face in near
    future.

    And i have NCA between me and "abc".

    1) Will there be any legal problems for "pqr" and "tuv" from my previous employer "abc" and i only have NCA with my previous employer "abc" but no relation in between "abc" and pqr, tuv.

    Please suggest me.
    Immihelp Support
    No legal advice. Use at your own risk.

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  • #2
    ABC can and will sue YOU that is part of the NCA first. All other parties that agreed to the NCA will also be liable if they signed a NCA for example, pqr. As they did not sign a NCA, you are the one that is violating it.

    If not, only YOU will be sued. You could have run out of alphabets if there was another party to be represented in your writeup.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      You can't really break such agreements. "abc" can sue you and recover the damages.
      Immihelp Support
      No legal advice. Use at your own risk.

      Visa and Greencard Tracker

      Visitor Medical Insurance for your visiting relatives.

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      • #4
        non competition clause

        i'm in the same boat now. Did you have any issues with your ex-employer, please give update.
        Thanks.

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        • #5
          If it is a matter of trade secrets etc and a high position like ceo, chief scientist etc only then they may be enforced.
          Last edited by mclain_100; 11-03-2008, 03:40 PM.

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          • #6
            Sorry, but ...

            ... a NDA or NCA is enforceable to everybody in almost all countries of the world, including but not limited to United States, India etc.

            However, you know what, try it out, give it a shot and see what happens. Of course, if your employer does not follow up with you, you're just plain and simple lucky. However, if they do - ah! then even God won't help you.

            Take care.

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