| Author | Message | ||
Triggerblaster Side Hero Username: Triggerblaster Post Number: 4216 Registered: 03-2008 Posted From: 99.2.112.72 Rating: N/A |
I think you have a strong case The second agreement is conflicting with first. So the first could be void. Also you have been with the company since 2010. No one can bind anyone for that long 1) I would search for any violations your employer made in these years. 2) See if you have a legal plan with your company, or spend a couple of hundred and reply him back strongly with your attorney. | ||
Jilebi Junior Artist Username: Jilebi Post Number: 402 Registered: 03-2012 Posted From: 167.83.136.22 Rating: N/A |
Just now my brother in law sent the two pages of the agreement that he signed in 2013. Please konchem chusi mee views pettandi. https://postimg.org/image/dsjvparot/ https://postimg.org/image/617r4hcx9/ | ||
Buduguuu Megastar Username: Buduguuu Post Number: 26320 Registered: 01-2012 Posted From: 69.132.118.7 Rating: N/A |
desi company tho samarasyam ga settle chesukochu ga? did he even open a communication channel before resigning? manchi terms meeda bayataki vacheyachu ga ila godava la kante. who knows this desi emp might be of ome use to you at a later date | ||
Amaravathi Hero Username: Amaravathi Post Number: 10993 Registered: 04-2015 Posted From: 208.68.148.19 Rating: N/A |
oka company nunchi oka company ki join avochu raja...kani aa shift valana company has to prove the substantial loss in their business... adhi matter Virginia lo ithe ee non-compete ni denkey mantayi courts Dharmam gelavani Chota... Tappadhu Kathula veta ... thappu oppedho.. samharam tarvatha !! | ||
Abhysg Legend Username: Abhysg Post Number: 34371 Registered: 08-2008 Posted From: 24.120.54.4 Rating: N/A |
idi comedy ga anpistadi.. competitor tho join avvakoodadu ante.. eedu em seyyali asalu.. rallu kottukovala.. oka consultant nundi inko consultant ku jump kodte kooda ee letter ostunda.. must be crazy | ||
Amaravathi Hero Username: Amaravathi Post Number: 10992 Registered: 04-2015 Posted From: 208.68.148.19 Rating: N/A |
First things first, Business interests meedha non-compete agreement works... for eg...u r working for company A..and now joining B which is the same line of business as A and are competitors... in this case non-compete works.. but, if an individual is changing the job for his livelihood...these non-compete agreements are aak paak ... just bhayapetti dabbul dobbataniki letter pampinchaadu aadu... dont worry at all...just join the job first..dont leave it Dharmam gelavani Chota... Tappadhu Kathula veta ... thappu oppedho.. samharam tarvatha !! | ||
Saint Legend Username: Saint Post Number: 65754 Registered: 01-2011 Posted From: 144.230.191.36 Rating: N/A |
ithe asala case ledu...mee vadiki client flexion..ur cousin not working for flexion right..if flexion has NDA adi problem avvochu..mee vadi employer pissa lite... | ||
Jilebi Junior Artist Username: Jilebi Post Number: 401 Registered: 03-2012 Posted From: 167.83.136.22 Rating: N/A |
The 2013 agreement doesn't mention whether this is addendum. It looks like as if it is executed fresh. Aa consultancy vadiki client ki madya flexion ane vadu unnadu. Vadiki emi problem ledu antunnadu. Basically client daggara individual contractors evaru leru ippudu. | ||
Kadapafan Megastar Username: Kadapafan Post Number: 20675 Registered: 01-2008 Posted From: 59.90.3.57 Rating: N/A |
And client tho eppudu non compete undadu, it will be non solicitation...non compete is when your friend joins another company and works for same client, and even then there are 1000 loop holes, normally it applies only to not working in same project or dept at most... Non solicitation picha lite clause when it comes to client relationships...at the most your friends employer can tell their customers that they did a favor and gain better standing than having a stand off with employee itself... And when it comes to non solicitation clause, its normally between client and employer, nothing to do with your friend Bottom line, this is not non compete clause he is breaking, he can simply ignore | ||
Kadapafan Megastar Username: Kadapafan Post Number: 20674 Registered: 01-2008 Posted From: 59.90.3.57 Rating: N/A |
Mee friend ni mail ignore sesi job teesukomani chesukomanu...No non compete runs one after another, they run in parallel, and as its case with our desi cnsulting brains they think they can do what ever by threatening people.. | ||
Diviseema Legend Username: Diviseema Post Number: 32749 Registered: 02-2008 Posted From: 36.255.85.138 Rating: N/A |
US lo kooda em peekaleru except konchem humiliation. Desam Meesam Thippudam - Balayya | ||
Diviseema Legend Username: Diviseema Post Number: 32748 Registered: 02-2008 Posted From: 36.255.85.138 Rating: N/A |
US sangathi naaku thelvadu. but they won't stand in india. the only reason employers get this signed is to trouble . jurisdiction is imp. if in agreement its mentioned new delhi we have to that court which is a burden for employee. employer ki Aath. he will assign some manager in that brach to take care. Desam Meesam Thippudam - Balayya | ||
Andhravodu Side Hero Username: Andhravodu Post Number: 4828 Registered: 07-2015 Posted From: 69.62.241.11 Rating: N/A |
If by any chance the job offer in Calif, no problem, take it. Calif courts don't take up non competes If in other places, then employer is looking for a payout. I heard instances where 5k or so will get you out of agreement. Depends on how you bargain I guess | ||
Filmbuff Side Hero Username: Filmbuff Post Number: 8529 Registered: 11-2011 Posted From: 150.242.66.43 Rating: N/A |
Very simple, the 2013 agreement should have a clause that "this agreement supercedes any prior agreement between the parties". In the absence of this, it is a legally grey area and can be interpreted either way. India lo aithe non-compete agreements are always signed, but they are not legally enforceable as they go against the Fundamental Right of Right to employment. | ||
Abhysg Legend Username: Abhysg Post Number: 34348 Registered: 08-2008 Posted From: 24.120.54.4 Rating: N/A |
idi jaragali ante client side baga relations undali.. reporting/hiring manager cheti lo untundi.. ee candidate maku must ga kavali.. meeru em chestaro cheyyandi ani HR ki chepte they can deal.. or hiring manager ku desi company kooda telisi unte offline lo deal set cheyyali.. vere consulting position meke istam.. ee candidate ni odileyyandi ani.. | ||
Savyasachi Comedian Username: Savyasachi Post Number: 1516 Registered: 12-2013 Posted From: 98.192.131.235 Rating: N/A |
best possible solution is to consult a litigation attorney . this is going to be pretty expensive and sometimes this may intemidate the employer and may not follow thru coz it is going to be expensive for him as well . lot of desi consultancies dont want to go thru this. also if your attorney is good enough company meeda unna brokkalu vedukutaru to use it against them and get them to settle. it is going to be lenghty and expensive process. but in the mean time find ways to get the employer to waive the agreement chinna chinna consulting companies ite they ask your to pay for premium processing , GC processing or salary delays ilanti brokkalu emina unte you can use them as weapons against the employer and get them to waive it. or if the same employer has other consultants at the same client talk to the client hr and see if they can have it waived since its an ongoing relation. talk to the employer and see if they can settle this peacefully pay him may be couple thousand and end this | ||
Jai_ycp Side Hero Username: Jai_ycp Post Number: 6747 Registered: 04-2015 Posted From: 100.36.224.18 Rating: N/A |
did the second agreement has clause that says it supersedes previous ones? Typically anni companies 1 year agreement after moving out pedathayi. you have to read the text of agreement in 2013 carefully to see if it supersedes previous ones or is an addendum to it. if you dont want to interpret yourself, get a lawyer and ask him to interpret it. it will cost you couple of hundred dollars. the story of YCP and TDP in 2014 (AP)- http://goo.gl/zgrYmQ http://goo.gl/gn6XL5 the story of TDP in 2014 (T) - http://goo.gl/nyu1Wu | ||
Meghan Side Hero Username: Meghan Post Number: 2869 Registered: 03-2014 Posted From: 50.155.109.127 Rating: N/A |
Simple Appa ... Client HR ki chepthe two things may happen 1) Client asks desi employer back off or relations ki debbadipoddi... Desi company backs off 2) Meeru Meeru suskondi... we cant help.... | ||
Jilebi Junior Artist Username: Jilebi Post Number: 399 Registered: 03-2012 Posted From: 167.83.136.22 Rating: N/A |
Help cheyyandi please. My brother in law when he started with a desi consulting company in 2010, he signed on employment agreement that prohibits him to work full time for the same for one year after his resignation from desi company. He again signed on another agreement in 2013 May that mentions that the agreement term is 18 months and after the agreement term, two more years he can not join the client as full time. So with November 2016 he completed 18 months + 2 years. Now my brother in law got full time with the same client and submitted his resignation to the desi company. The legal dept of desi company sent him a mail mentioning about the non competition agreement that he signed in 2010 which mentions about one year clause. Can two agreements be effective at the same time i.e. I mean 2010 agreement and 2013 agreements. Please help what he can do in this situation. |