Legal Question in Employment Law in

Hi, I had signed a non-compete agreement in 2007 with my employer which states that I cannot enter an employment with my employer's customer until 6 months of my resignation. In early 2010 my employers released another non-compete agreement which supersedes all previous agreements, which I have not signed (neither accepted not rejected). Now I am contemplating accepting employment with my employer's customer who I currently work for as a vendor contractor. I currently work for the customer in New Jersey but the job they have offerred is in India. My prospective employer is willing to replace my current role in the US with a like replacement from my current employer, so as to not affect their revenue. Also since the job location is in a different country than where I am currently working, the job description too is slightly different than what I am doing now.

My questions are:

- Does the fact that I haven't signed the new non-compete agreement make this whole question moot or is the 2007 non-compete applicable?

- Since I am moving countries and that my current role is being replaced to avoid loss of revenue for my current employer, does the non-compete apply?

- If the non-compete does apply will it be tried in NJ or in India?

- Should I reject the latest non-compete to strengthen my case?


Asked on 9/15/10, 12:54 pm

1 Answer from Attorneys

HI,

To give any opinion it is required to understand the contents of the contract entered by you with your employer. So send us the soft copy or scanned copy of the contract to enable us to advise properly.

Regards

Contact: +919811617186

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Answered on 9/16/10, 12:41 am


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