I have a non compete that states I cannot work in competition for one year in any country in which my currnet employer does busniess.
Asked on Sep 05th, 2012 on Business Law - New Jersey
More details to this question:
I am not an employee but a project consultant. I work for Company A as a project consultant and they send my services to Company B. I was a direct consultant for Company B but they removed all direct consultants in 2010 so now i work through Company A. I would like to leave Company A, and use Company C to work for Company B doing the same work I do now. Is this a direct violation of my non-compete? I live in Arizona and the Company A and B are in Virginia. Can they enforce this non-compete?
The answer is "it depends." Generally, such covenants are only enforceable to the extent that they are reasonably necessary for the protection of the employer's goodwill. Much depends on the nature of the work you did, the secrets you were exposed to, the uniqueness of your services, and upon the precise terms of the agreement you signed, including what law governs its terms. You will want to have that agreement reviewed by an attorney. If we can help, please call my office at (203) 399-1320.
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