Non-Solicitation Agreement Concerns
Here is the situation. I am on PR in Canada, Toronto city, and working for a major Indian IT consultancy firm (TCS).
I have an offer from my current client but in a different department/business line. I haven't directly worked with them, but I applied online through the client's job opportunity website. They interviewed me and provided an offer.
My client has confirmed they don't have any non-compete or other agreements that can prevent them from hiring me as an employee. However, I have signed a non-solicitation agreement as outlined below. Will this affect me? Will it invite legal action from TCS? Please advise as soon as possible.
I am worried about the following point:
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) Solicit or accept employment as an employee or independent contractor with any customers of the Company for whom I was assigned responsibility to support the Company's engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
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Here is the situation. I am on PR in Canada, Toronto city, and working for a major Indian IT consultancy firm (TCS).
I have an offer from my current client but in a different department/business line. I haven't directly worked with them, but I applied online through the client's job opportunity website. They interviewed me and provided an offer.
My client has confirmed they don't have any non-compete or other agreements that can prevent them from hiring me as an employee. However, I have signed a non-solicitation agreement as outlined below. Will this affect me? Will it invite legal action from TCS? Please advise as soon as possible.
I am worried about the following point:
9. Non-Solicitation. During the term of my employment by the Company, and for a period of twelve months thereafter, I shall not, directly or indirectly, without the prior written consent of the Company:
(a) Solicit or accept employment as an employee or independent contractor with any customers of the Company for whom I was assigned responsibility to support the Company's engagement at any time during the term of my employment with the Company.
From Canada, Etobicoke
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You will be in contravention of the agreement with M/s TCS as per what i can make out. Whether TCS will take legal action is a matter which only company can comment.
From India, Pune
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3180From India, Pune
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Dear Rajulita02,
A company like TCS will have hundreds of clients. An average employee might deal with clients, but only a few of them and not all. Against this backdrop, how would you know if the particular company where you have applied for the job could be a customer of TCS?
Secondly, as you mentioned, you have not dealt with them directly. Then where is the question of solicitation?
Thirdly, you mention that your work will be different from the work you will do in the future. In that case, TCS should not have any problem. However, this could be only a secondary defense.
Lastly, earlier I have posted on this forum about the ruling by the Delhi High Court. Click the following link to refer to it: https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give your resignation. There is no need to disclose to TCS which company you will join in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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A company like TCS will have hundreds of clients. An average employee might deal with clients, but only a few of them and not all. Against this backdrop, how would you know if the particular company where you have applied for the job could be a customer of TCS?
Secondly, as you mentioned, you have not dealt with them directly. Then where is the question of solicitation?
Thirdly, you mention that your work will be different from the work you will do in the future. In that case, TCS should not have any problem. However, this could be only a secondary defense.
Lastly, earlier I have posted on this forum about the ruling by the Delhi High Court. Click the following link to refer to it: https://www.citehr.com/571397-delhi-...n-compete.html
From my point of view, you may go ahead and give your resignation. There is no need to disclose to TCS which company you will join in the future.
Thanks,
Dinesh Divekar
From India, Bangalore
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No issues, you can just inquire with the current company colleagues if any of them have joined the client place from your company. Similarly, ask the same at the client place. If no references are found to inquire, simply check with your manager or HR. Whether it's acceptable to them or not, if they approve, then obtain permission for a ready reference to avoid any issues in the future.
From India, Hyderabad
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From India, Hyderabad
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