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  • NON-Compete situation, Need help!

    Hello, I was doing some research and found this website, thank goodness.
    I work in Philadelphia as an IT consultant for about 3 years now. My company's primary functions are to provided IT consulting for small businesses in the greater Philadelphia area.

    My current situation involves one of my company's clients wanting my services as a permanent IT employee at their company.

    I've consulted with a couple of lawyers as well as the legal counsel for my hopefully "future" boss. We have come to a roadblock, my boss will not provide a waiver in the NON-Compete agreement I signed. [signed when I was hired].
    To summarize the agreement, it covers a geographic area in Philadelphia [most of Center City], any company that belongs to the same industry, any direct competitor [i.e. IT consulting company] that services the same type of businesses as we do, any current client of ours.
    We have tried diff. scenarios on how to work around this but nothing really would hold up. The only possible alternative is if my "future" boss would fire my current company and terminate any services they provide. They would now be effectively an Ex-client which is clearly not stated in the non-compete.

    The reason I am pursuing this new job is it really is a great opportunity, in every aspect, career, flexibility, growth potential, everything. I would really hate to lose out on this as this is the sort of thing I've been waiting for.

    Please, if anyone has any good legal advice, please post.

    Thanks

  • #2
    To be blunt, it sounds like you are fishing for someone to give you the answer you want to hear.

    You have already spoken with several attorneys about this matter and they all have told you that there is no way around the agreement you signed.

    Not sure what you are looking for here.

    IMHO your only real options are: (1) try and negotiate a waiver with your current employer or (2) let the new employer hire you with the understanding that they will indemnify you when the old employer sues you (and most likely them too).

    Regards.
    Last edited by LaborLawNJ; 05-18-2006, 05:23 AM.

    Comment


    • #3
      Re:

      I agree with you on that, but my goal was to get a better understanding on laborlaw in PA.
      My current boss wants to retain authority in the company by enforcing the agreement so that NO BAD PRECEDENT will come from it.

      What are my options then?

      Let this opportunity pass, which by the way is a sweet, sweet deal for anyone.

      Go for it anyway, because my employment is never secure [no matter how much my boss assures me it is] and he will lose the client anyway.

      Or stay where I am, until another gig comes up that doesn't violate the agreement.

      Here are some scenarios:

      1. If I were to be hired as an employee doing NON-IT related work for a current client and also be located outside of the geographic locations mentioned.

      2. If I get fired becuase of my insistent pursuit of this job.

      Can these be factors in winning the case if it goes to court?

      I can always try to negotiate with my boss, but he has other partners to deal with and they will influence any heart to heart conversation I may have and therefore hurt my chances
      A waiver is mentioned in the agreement but if any waiver is allowed that will set the "BAD Precedent" reasoning they are trying to uphold.

      Any thoughts?

      Comment


      • #4
        We cannot:

        1.) Give you specific legal advice

        2.) Comment on an agreement we have not read
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Additional

          I did ask the future boss to indemnify me of any legal actions/fees but when I asked him, his reasoning was "he doesn't know how much it's going to cost". Which sort of makes sense because I'm also afraid this will turn into a perpetual legal nightmare, my current employer can be highly litigious. But I have my doubts, what can they possibly can from suing me? I don't owe the company any money, I've never been sent to any training from which I have to repay tuition reimubursements or direct training costs, the client has spent an average of $10-15?? for our services, maybe that's a point of arguement.
          Bottom line what's the worst case scenario when it does go to court?
          How much is this going to hurt? How can I understand this better?

          Comment


          • #6
            Worst case scenario?

            They file suit for: breach of contract, breach of duty of loyalty, conspiracy, etc They get an injunction against you prohibiting you from working for the new employer and they get awarded attorneys fees and costs, lost profits and any other actual damages and punitive damages.

            They also probably sue the new employer for tortious interference, conspiracy and unfair competition.


            Regards.
            Last edited by LaborLawNJ; 05-18-2006, 09:20 AM.

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