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I need an empolyment legal advice?
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I need an empolyment legal advice?

I am the employee of company "A". I have been doing work for compmany "B" for few years now, as per a contract sigend between company "A" and company "B".
The customer (company B) likes my work a lot and offered me a job directly with substantial increase in salary. I went back to my boss and asked for a raise (so I don't have to quit), but they are resisting. I am sure they are making tons of money (I know the size of the contract). He doesn't want to give me even half of what was offered by the customer (company B).
My question is: What are the legal implications of me accepting the offer. I am a US citezen.
What are my options, and what happens if I take the job offer?
What are my chances in court, if company A decides to sue me?
Additional Details
state is NJ, and yes there is a non-compete clause in the employment agreement.


    




Bindu N
Rating
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html


The Shadow
Rating
If you signed a noncompete or a nondisclosure agreement, then you definitely run the risk of being sued. If you haven't signed anything, then they still might sue you, but they probably can't win. It will still be an expensive victory. You know them best. Are they likely to be vindictive?

No one in this forum can realistically tell you your chances in court because they can't see any documents that you've signed. If you're that concerned, consult a lawyer. It's much cheaper than defending yourself in a lawsuit and you'll sleep much better at night.


Expert Realtor
There is a non-compete clause in your contract for a reason.

Legally, if you were to quit and obtain a job with another company that was COMPLETELY not associated with Company A, non-compete clauses are easily winable in court (on behalf of the employee). Corporations like Homebanc, used to make all of their employees sign these, and when they were challenged, they were not enforeable because you cannot legally bar someone from obtaining employment in the industry for which they are trained.

However, since Company A and B have a contract with each other, and Company B would not have offered you a job, most likely, without you coming to them through Company A, then yes, Company A can most likely successfully sue you for breach of contract.


hr4me
Rating
If you signed an agreement with the agency then you can not now accept a job with the client company or both you and the client company could be sued for breach of contract. You will lose in court as you signed the agreement stating you would not solicit the client companies for work, and if you were offered work or a job that you would work through the agency and their terms for ending your employment with them.


Princess Leia
YOU DEFINITELY NEED AN EMPLOYMENT ATTORNEY...find one that specializes in contracts, non-compete agreements, etc.

Do you have an employment contract with Company A that prohibits you from working directly for Company B? It all depends on the terms of the contract....many times, the terms are written so that you can't work for Company B for a certain period of time...

Also depends on the state...even if company A decides to sue, doesn't mean they will win...


Mojo
Rating
Check your employment contract. If it states that you cannot accept such a job, you may be in violation of the contract if you take the job. This would be a very odd clause unless you are in one of a few specific industries.

If you have no employment contract, you can quit your job and take the new one. You can quit and work for whom you choose.





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