I work for a contractor who has the original contract with me. That contractor has a sub-contract with another outsourcing company. The subcontractor has given me a job with an American firm. Does the first contractor's non-compete clause stop me from taking a position with the American company?
While non compete agreements are fairly common, they are not always enforceable. It depends on many factors and on how the non compete agreement is written. In general, courts will not enforce a non compete that completely precludes you from working in your occupation or area of expertise. A court will also want to know to what extent the employer needs to enforce the non compete to protect important business interests, and to what extent the employer is simply over-reaching. You will need to meet with an employment law attorney to review your particluar agreement
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