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    krishamahendran's Avatar
    krishamahendran Posts: 1, Reputation: 1
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    #1

    Aug 5, 2009, 12:00 AM
    Non-Compete Agreement
    Hello,
    My name is krisha, am working with NJ based Employer A. My employer has contract with company B in NJ, and company B has contract with company C(in CA). Company C has contract with our client in CA.
    When I agreed for this assignment, Company B asked to sign the Non-Compete agreement. Now I am planing to work for same client through another company D.

    1. Whether Company B control me by Non complete agreement
    2. If Company B goes to court, which law (either CA or NJ) will apply since my work location is CA
    3. Do I have chance to win if matter goes to court.

    Advance thanks for your replies.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Aug 5, 2009, 03:20 AM
    Let me be sure I understand:

    Your current employer, "Company A" and "Company B" have a contract. Company B got you individually to sign a noncompetition agreement.

    The consideration for this agreement, apparently, would be that Company B would enter into the business arrangement with Company A. So the NC agreement is probably valid.

    It would be controlled by California law probably, especially if Company B sues you in California. If it was negotiated in New Jersey, that might be an argument in favor or the application of N.J. law. Why does it matter?

    If I understand correctly what you have said, you haven't given me any facts which suggest a defense to an action by Company B to enforce the agreement against you.

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