Got Cease and Desist letter from Consultancy

Posts 9 · Viewed 6422 · Likes 1 · Go to Last Post

nepaliketo12

· Snapshot 71

Like · Likedby · 0

Talk to a lawyer. I heard Ramesh Shrestha is good in business related cases.

T-mobile

· Snapshot 126

Like · Liked by · 0

First of all, share which state is it?
And check for its non-competition and non-solicitation laws?
I had a similar case in California where I was threatened but when I checked the law, I found out such terms are null and void unless it has to do with trade secrets.

kunthaun

· Snapshot 157

Like · Liked by · 0

The consultancy is in NJ and the vendor and client are in Ohio. What I'm asking is if consultancy agreed with vendor on 3 months contract to hire, they agreed that I could be employed by client after 3 months. So can they still ask for damages from me based on having to work with them for 12 months contract I signed with them?

T-mobile

· Snapshot 224

Like · Liked by · 0

I don't think so. If you also have a copy to prove that they agreed with vendor then you will win it.
Tell them to bring it on.

kunthaun

· Snapshot 278

Like · Liked by · 0

Just saw agreement between consultancy and vendor, it seems they had agreed to 6 months contract. The job description and vendor told me its 3 months to hire and I was hired after 3 months. So now does the vendor have to pay the damages too?

T-mobile

· Snapshot 285

Like · Liked by · 0

Since the vendor and client are in Ohio, are the agreements you signed based on Ohio or NJ's laws? NJ can't enforce laws on clients who are not in state.

T-mobile

· Snapshot 300

Like · Liked by · 0

Reviewing Ohio's non competition laws, it doesn't seem enforceable in your case.
https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-357.aspx

kunthaun

· Snapshot 435

Like · Liked by · 0

T-mobile it does seem enforceable reading your link to me

mero_naam_ho

· Snapshot 533

Like · Liked by · 1

As "T-Mobile" already suggested asked them to "bring it on". They cannot do shit about it. They are just trying to scare you.. and here's why they cannot do shit about it..you can counter sue them as well.

These are the main points from a article I found:

In order to be considered valid, a non-competition agreement must:

Protect a legitimate business interest of the employer

-- trust me my friend, court will see what is the legitimate business interest? ". Just because they can't make money out of you anymore doesn't consider as a "legitimate business interest".

Non-competition agreements must generally be supported by valid consideration -- the employee must receive something of value in exchange for the promise to refrain from competition

--- Did you receive any thing of value ?? But when an employer asks an employee to sign a non-compete agreement after starting employment and there is no extra payment or benefit to the employee for signing it, then almost all courts will invalidate the agreement for lack of consideration.

Mos non-competent agreements are unenforceable.

Read more here:

http://employment.findlaw.com/hiring-process/non-competition-agreements-overview.html

http://www.hrexaminer.com/is-your-non-compete-agreement-enforceable/

Last edited: 12-Nov-15 09:16 PM

Please log in to reply to this post

You can also log in using your Facebook