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IT consultant noncompete

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by xinshenghh

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I am working for company A which send consultants to company C through B. A did not have direct contact with C, but B. B is A's client. Now I want leave A and go to company D which send me to C work as a consultant. D is not a client of A. A is in VA and B,C,D are in MD.

When I ask permission for the move, the manager of current company (A) said I can't do so, beacause I violate the noncompete agreement since C is A's client.

the noncompete agreement says:
the Employee will not directly or indirectly be employed by any client of the Firm.

Questions:
1) does "any client" include the company C? Note that C is not a direct client of A. If C is not covered by "any client", the agreement deosn't stand.
2) is that agreement enforceable?

1 reply

by dmiles

1)Yes,the company includes C,because the contract wording does specify by stating indirectly be employed,"B" is the client ,to which "C" is indirectly a client.

2)The only way it would be enforceable is possibly you will be terminated by company "A",to which the contract probaly states that you can not go to work with said company "C" within a certain amount of time.

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