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  • regd Employment Agreement and future employment

    Hello All,


    I work in an EVC model where my company is mostly like a man power agency. They did have their own clients where they worked on the projects. I had to sign an Employee Agreement something like this and below is the contentious point.


    For the x months period following Employee’s termination of
    employment, whether voluntary or involuntary or for whatever reason, Employee agrees
    that he/she will not

    a. Solicit or attempt to solicit, either directly or indirectly, any Clients
    of Employer for the purpose of providing services similar to those performed by
    Employer.


    Actually this agreement was not their initially but the employees had to sign in between when their was reorganization. Recently I found a project through a Vendor and I introduced this to my Company and am working on the Project. Now does the Vendor also become a Client for the Company. Can I take future employment with this Vendor or does this cause problems. Is this agreements valid. My understanding when I signed the document was "By clients it was direct Clients and not Vendors". Because in US Vendors are available through out and one can just go to dice and find the Vendors if they have Projects. Now the Company can have contacts with vendors, so do the employees become ineligible to work with this Vendors. Also does this Agreement valid for employment outside USA.


    Please suggest.


    Regards,
    Last edited by infoqry; 11-02-2011, 06:35 PM.

  • #2
    Can someone please reply to this query.

    Regards,

    Comment


    • #3
      When there is a vendor inbetween your company and the client, then the client has nothing to do with your employer directly. Your employer deals directly with the vendor and nothing with the client. From your employer's stand point, the vendor is the client to whom they are providing the resources.

      Consult an attorney.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        Thanks Shervin for the reply.

        Regards,

        Comment


        • #5
          regd Employment Agreement and future employment with Vendors

          Hi Shervin,


          Can you please let me know whether this Employment Agreements signed in USA are valid in India. What I mean is because of the Employment Agreement I cannot work in USA for the Vendor company in USA for x months after I leave my Company but if I go back to India, can I work for the vendor company's India branch. I guess it should not be an issue but wanted to cross check the opinions of you and other experienced people.


          Also i want to ask about this scenario. My company has xyz, abc, 123 as vendors. But as such I never worked for xyz, abc and 123 vendors. Couple of times my company arranged interviews for positions with the venodr xyz but I was not selected for their projects. Now I want to know that since I have signed an Employment agreement with my Company do I become ineligible to work with the Company xyz and also the other two companies abc and 123 in future for x months after I leave my Company.


          Can you please advise.



          Regards,

          Comment


          • #6
            Can you please let me know whether this Employment Agreements signed in USA are valid in India. What I mean is because of the Employment Agreement I cannot work in USA for the Vendor company in USA for x months after I leave my Company but if I go back to India, can I work for the vendor company's India branch. I guess it should not be an issue but wanted to cross check the opinions of you and other experienced people.
            >>> It is not an issue.


            Also i want to ask about this scenario. My company has xyz, abc, 123 as vendors. But as such I never worked for xyz, abc and 123 vendors. Couple of times my company arranged interviews for positions with the venodr xyz but I was not selected for their projects. Now I want to know that since I have signed an Employment agreement with my Company do I become ineligible to work with the Company xyz and also the other two companies abc and 123 in future for x months after I leave my Company.
            >>> If you haven't worked for those companies, then it is not an issue. However, it is better to consult an attorney with the documents that you have signed. It is hard to comment without knowing what you have signed with your employer.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              To Shervin

              Hi Shervin,


              We have discussed about the below issue earlier also. I signed an Employee Agreement having the below contentious point.


              For the x months period following Employee’s termination of employment, whether voluntary or involuntary or for whatever reason, Employee agrees
              that he/she will not

              " Solicit or attempt to solicit, either directly or indirectly, any Clients of Employer for the purpose of providing services similar to those performed by Employer ".


              You also mentioned that I can work for the Vendor Company's branch in India without any issues. I have couple of points.

              1) If I work as an employee with Vendor Company's branch in India I guess there is no issue. But can I also work as an Independent contractor with Vendor company's India branch.

              2) Is the above agreement valid in India as I would no longer be in US. Can I work remotely from India with any other vendor companies of US which I have worked earlier when in US.


              Please suggest.


              Regards,


              Originally posted by infoqry View Post
              Hi Shervin,


              Can you please let me know whether this Employment Agreements signed in USA are valid in India. What I mean is because of the Employment Agreement I cannot work in USA for the Vendor company in USA for x months after I leave my Company but if I go back to India, can I work for the vendor company's India branch. I guess it should not be an issue but wanted to cross check the opinions of you and other experienced people.


              Also i want to ask about this scenario. My company has xyz, abc, 123 as vendors. But as such I never worked for xyz, abc and 123 vendors. Couple of times my company arranged interviews for positions with the venodr xyz but I was not selected for their projects. Now I want to know that since I have signed an Employment agreement with my Company do I become ineligible to work with the Company xyz and also the other two companies abc and 123 in future for x months after I leave my Company.


              Can you please advise.



              Regards,
              Last edited by infoqry; 03-24-2012, 04:33 PM.

              Comment


              • #8
                1) If I work as an employee with Vendor Company's branch in India I guess there is no issue. But can I also work as an Independent contractor with Vendor company's India branch.
                >>> Yes.

                2) Is the above agreement valid in India as I would no longer be in US. Can I work remotely from India with any other vendor companies of US which I have worked earlier when in US.
                >>> It should not be a problem. What you do outside U.S should not be an issue. If you are concerned, get the help of a good labor attorney. And you don't need to tell your employer that you will be working for the Vendor from India.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Thank you so much shervin. I consider you as an expert in this matters. As such I do not have contacts with labor attorneys. I need to find out good ones.


                  Regards,

                  Comment

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