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Urgent - Non Compete Agreement

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  • Urgent - Non Compete Agreement

    Hi,

    Below is the clause that i was asked to sign 4 yrs back while accepting my hike and was signed in India. Now I am in NJ, USA. My Customer is offering a full time position because of the NCA I am planing to join another vendor and work for the same Customer. Pls let me know will there be any legal complication if i take up the new job with the vendor for 6 months and then join the CUSTOMER directly after 6 months.

    ADDENDUM TO EMPLOYMENT LETTER
    I, Mr. X. , do hereby acknowledge and confirm the following:-
    (1) I am presently employed with Company A, with the employee number xxxxx. I
    signed an employment letter with Company A effective from dd.mm.2005. Now, as per the presents below, I agree to the
    following terms herein, and agree that these terms will modify my employment letter, and shall constitute a change in
    the terms of my employment.
    (2) I am required, on behalf of Company A, to provide services to, or solicit business from, various clients of Company A
    (each such client hereinafter referred to as a "Customer").
    (3) I acknowledge that as a part of its annual compensation review exercise, Company A has reviewed my current
    compensation, and has offered to change my compensation details, as specified in the letter HRD/CR/2007/05/xxxxx
    dated May 17, 2007 ("Compensation Review Letter").
    (4) In consideration of the above, I agree that for a period of six (6) months following the termination of my
    employment with Company A for any reason, I will not:
    a. accept any offer of employment from any Customer, where I had worked in a professional capacity with
    that Customer in the twelve (12) months immediately preceding the termination of my employment with
    Company A;
    b. accept any offer of employment from a Named Competitor of Company A, if my employment with such
    Named Competitor would involve me having to work with a Customer with whom I had worked in the
    twelve (12) months immediately preceding the termination of my employment with Company A.
    For the purposes of this Addendum, "Named Competitor" shall mean the following entities and their wholly owned
    subsidiaries:-
    i. Tata Consultancy Services Ltd.
    ii. Accenture Ltd.
    iii. IBM Global Services
    iv. Cognizant Technology Solutions
    v. Wipro Ltd.
    (Employee Signature)
    Name of employee: Mr. X.
    Employee Number: xxxx
    Unit/Dept.: xxxx
    Acknowledged by Company A:
    Last edited by sathish_selvam; 02-02-2012, 10:39 AM. Reason: Changing the company name

  • #2
    You must obey the terms of the contract. Otherwise they can come after you.
    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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    • #3
      Hi,

      I am not violating any terms as they have mentioned the named competitors and I am not joining any of the named competitors. I am joining a vendor outside their list

      For the purposes of this Addendum, "Named Competitor" shall mean the following entities and their wholly owned
      subsidiaries:-
      i. Tata Consultancy Services Ltd.
      ii. Accenture Ltd.
      iii. IBM Global Services
      iv. Cognizant Technology Solutions
      v. Wipro Ltd.

      So am I still violating any clauses or am I safe?

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      • #4
        Your best bet is to consult a lawyer.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Satish

          I suggest/recommend you to not mention any company name directly on any forum....This may land u in trouble (I have seen a case in front of me)..Actaully i am shocked to see such post with company name.....

          You seem to have directly copy-pasted ur company letter with company name....which I think is dangerous......And pl note that I am not from ur present company

          Since u have got the reply from concerned u can delete ur first post...rest is upto u my friend!!!

          Comment


          • #6
            Thanks guys ... I think i was not thinking straight .... so consulting a lawyer is the best thing ... I am trying to get some lawyers locally or should i go ahead and get some online lawyers and pay them online ... can someone pls throw some light on this... I think the local lawyers consultation is pricy

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