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Convenant not to compete clause in offer letter

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  • Convenant not to compete clause in offer letter

    Hi
    I have got a offer letter from consultant-A and in the offer he has mentioned the convenant not to compete clause as below:
    Convenant Not To Work For clients, contractors or end users: - EMPLOYEE absolutely and unconditionally represents and agrees that during the term of employees engagement, for a period of 18 months after the employee's engagement with employer is terminated for any reason whatsoever,whether voluntary or involuntary, he will not:
    (1) Directly or indirectly, regardless of whether client shall contact employee or vice-versa individually or as an employee,partner,officer,stock holder or in any other capacity whatsoever of any firm,accept employement from, engage in or conduct any business dealings with existing clients.


    The situation is that this offer letter is from consultant-A who is having a corp-2-corp with consultant-B who has the end customer.
    So the question is that if I am employed with Consultant-A and working for a end customer through consultant-B and if I decide to join the end customer or work for the end customer through some other consultant, can consultant-A sue me for the convenant not to compete clause as mentioned above though he is having no direct relation with the end customer?

    Thanks in advance.

  • #2
    Sure can.

    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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