Non compete agreement with Employer

Hi @Anil , I am in H1b and I work in EVC model and have a non compete and non solicitation agreement with my employer.

Now my end client wants to hire me as a full time employee.

The client is my Vendor’s customer and the client has no agreement with my employer. I work in Arkansas and the agreement is governed my New Jersey Law.
Clause below.

During the time that you work for the Company until 1 year following the termination of your employment for whatsoever reason (which time period shall be extended by the length of time during which you are in violation of this paragraph), you shall not directly or indirectly solicit the business of (or otherwise deal in a manner adverse to the Company with ) or provide any software engineering, consulting or programming services to any customer or end users of any customer (on an entity-wide basis and not merely on a site or project specific basis) of the Company for which or whose benefit you provided services or were associated during ur employment with the Company.
Please need your advice on this. Thank you.

Is this non compete agreement between you and your Employer? Did you sign anything?

If this agreement is between your employer and the middle vendor, then i think you have no obligation as you are not joining middle vendor.

Yes Anil,

It’s between me and my employer and yes I have signed. Even my client asked my middle vendor that they are interested in hiring me and also my client manager checked with the client side legal team and there is no such agreements with my vendor.

Now the problem is my employer as I have signed the agreement. My client is not worried about my employer.

They wanted to know if I have signed any non compete agreement with my vendor but I have not so they are ready to start the transfer but I am only worried about my employer since I have signed, but there is no direct link between my employer and client, my client didn’t even know my employer’s name.

You should be okay to join the client as it seems from the limited information you have shared.

If your employer creates any problems, you can negotiate and pay them money. Everything can be negotiated.

Thank you @Anil I have attached the screenshot of the clauses. Pls let me know your valuable feedback.

Please understand that I am not a lawyer who can understand and give you legal advice with respect to your agreement screen shots.

It is better to pay money to lawyer and get legal advice. You can make up that money easily with your job.

Rest is your choice.

Yes @Anil will do. Thank you

Hi there…I am having the exact situation as you described. Can you please let me Know how was it dealt with?

Appreciate your response