Posted by: kalidasbhaisaab December 6, 2014
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Please ignore my earlier post. So you are being offered a Full Time job with the Prime Vendor. Congratulations. The only thing that you are concerned about is that your current employer may claim that the prime vendor, who is now offering you a full time job, is their 'Client'. From a 'Non Compete' perspective this is what they will claim that you had violated. That you are taking their business because you used your employment with them to get a better deal (i.e., Full Time Job) with their client.
I know this is all baloney but from what I have been observing is that there is a New Jersey based attorney out there who is taking all Desi Consultancy cases like these and filing a 'Summon' in NJ County Court. Now, filing a summon only costs $150 for him but when you receive a 'Court Summon' with you as a defendant, it's obvious to be scared. Don't fret we can collectively defend these 'a**h**s'. You are right about employment at will. Plus, you should not have any issues if you give a reasonable notice. Lastly, just to be on the safe side, can you look into your employment agreement with them and see if any of the wording in the contract (i.e., employment agreement) says that you cannot work for their client (e.g, provides a specific name like United Health Group, 3M, Best Buy, Ameriprise, Target or specifies prime vendor names like Accenture, TekSystems, Cognizant, TCS etc) for a period of time after termination of your relationship. Meaning, if the contract specifically forbids you from directly entering into employment relationship with a 'Named' party then they might have a case, albeit an insignificant one. If the contract does not specify names and only generically mentions that you should not enter into a relationship with their clients, then we don't have to worry. They cannot take that pointer to hold you into a relationship of 'indentured servitude'. In any case, Mikel don't worry. Non Compete is very specific and these desi consulting companies have cannot use it's broad provisions to sue you. Best of luck.
I know this is all baloney but from what I have been observing is that there is a New Jersey based attorney out there who is taking all Desi Consultancy cases like these and filing a 'Summon' in NJ County Court. Now, filing a summon only costs $150 for him but when you receive a 'Court Summon' with you as a defendant, it's obvious to be scared. Don't fret we can collectively defend these 'a**h**s'. You are right about employment at will. Plus, you should not have any issues if you give a reasonable notice. Lastly, just to be on the safe side, can you look into your employment agreement with them and see if any of the wording in the contract (i.e., employment agreement) says that you cannot work for their client (e.g, provides a specific name like United Health Group, 3M, Best Buy, Ameriprise, Target or specifies prime vendor names like Accenture, TekSystems, Cognizant, TCS etc) for a period of time after termination of your relationship. Meaning, if the contract specifically forbids you from directly entering into employment relationship with a 'Named' party then they might have a case, albeit an insignificant one. If the contract does not specify names and only generically mentions that you should not enter into a relationship with their clients, then we don't have to worry. They cannot take that pointer to hold you into a relationship of 'indentured servitude'. In any case, Mikel don't worry. Non Compete is very specific and these desi consulting companies have cannot use it's broad provisions to sue you. Best of luck.