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Non Compete agreement and changing employer while working for same client
Anonymous1 views3 answers
Hi
Came to USA on H1 Visa through ABC company, they made me sign a agreement which says that I cant work for same client through other company for atleast 6 months. Now My comapnys(ABC) project with the client is ending soon and I got a offer from other company to work for same client and same position, this new company is offering me good compensation. Can I work for the same client through new company? Can my previous employer sue me over this?.
I agree that this is not an immigration question. The employer can certainly sue you over this, the question is will they win and how much. To answer your questions, an attorney would need to review your contract to see how it comports with the contract law of your state.
I would be willing to bet though that there would be enough of a claim to avoid a frivilous finding and probably a motion for summary judgment.
You need to speak to a contract/employment law attorney for a case specific analysis. I am relabeling the post to reflect the correct practice area.
Aside from the fact that I suggest you get as far away from a job-shop client/vendor employment relationship as possible, as soon as you can ... this is a question for an employment lawyer, not an immigration lawyr.