Eric Wong wrote:
I got cut several weeks ago and am looking for a job. Several days
ago I got a phone call from a consulting firm (Company A).
Company A required me to sign a non-competitive agreement before
submitting my resume to a client for a contract job. I signed it
(without knowing who is the client). Later I found out the client was
my former employer.
To make this complicated... My former employer has his primary vendors
and does't want to do business to Company A. That means I'll never
get the contract if I use company A.
Question 1: Will I get into trouble if I use one of the primary
vendors of my former employer to apply the same contract?
Question 2: Is it okay to apply a different contract or even a
permanent position from my former employer?
You need to consult with an attorney well versed in this area.
Enforceability of non compete agreements varies significantly
state to state. For example, they typically must be reasonable
in time, space, etc. However, what is reasonable varies
significantly. Also, what happens if there is overreaching?
Some states throw it out completely, while others reduce coverage
to what is reasonable.
Also, you may be able to argue lack of consideration. Non competes
often require actual employment, but arguably submission of your
resume might be considered sufficient. However, one might be able
to make an argument that there was no consideration because there
was no chance that the contract would be awarded to Company A.
Again though, this is another reason to consult with a local
attorney knowledgeable in this area.
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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2003 Bruce E. Hayden,all rights reserved
My work may be copied in whole or part, with proper attribution,
as long as the copying is not for commercial gain.
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Bruce E. Hayden bhayden@ieee.org
Dillon, Colorado bhayden@highdown.com
Phoenix, Arizona bhayden@copatlaw.com
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