I have been working with TCS for the past five years and working onsite in Canada for the last three years. When I was deputed to Canada, I signed a couple of contracts, and they had the following clauses at a high level:
- I have to resign with a three-month notice period.
- I cannot join the client for the next 24 months (post resigning from TCS).
Now, I resigned a couple of months ago, and I am in my notice period right now. The reason I gave a three-month notice is to give TCS enough time to find a replacement and for a smooth transition for the resource taking over from me.
My client manager told me that they have an agreement with TCS that they can't hire me for the next six months. The contract I signed stated that I can't join the client for the next two years. The client is offering me a really great job opportunity (both role-wise as well as monetarily). My manager called me today and advised I shouldn't go down that path since there will be legal ramifications, and it will end up not so pretty for me.
Any advice on what I should do?
From Canada, Toronto
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1- I have to resign with a three-month notice period.
- I cannot join the client for the next 24 months (post resigning from TCS).
Now, I resigned a couple of months ago, and I am in my notice period right now. The reason I gave a three-month notice is to give TCS enough time to find a replacement and for a smooth transition for the resource taking over from me.
My client manager told me that they have an agreement with TCS that they can't hire me for the next six months. The contract I signed stated that I can't join the client for the next two years. The client is offering me a really great job opportunity (both role-wise as well as monetarily). My manager called me today and advised I shouldn't go down that path since there will be legal ramifications, and it will end up not so pretty for me.
Any advice on what I should do?
From Canada, Toronto
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Based on the legal restrictions in your contracts with both TCS and the client, it is crucial to carefully consider your next steps. Here are some practical steps you can take:
1. Review Contracts: Thoroughly review the contracts you signed with both TCS and the client to understand the exact terms and restrictions regarding joining the client post-resignation.
2. Seek Legal Advice: Consult with a legal professional specializing in labor laws to get a clear understanding of your rights and obligations under the contracts.
3. Negotiation: Consider negotiating with both TCS and the client to see if there is any room for flexibility in the restrictions imposed, especially if the new opportunity is significantly beneficial for your career.
4. Ethical Considerations: Evaluate the ethical implications of breaching the contract terms and the potential consequences it may have on your professional reputation.
5. Future Career Planning: Assess the long-term impact of your decisions on your career trajectory and weigh the pros and cons of each option available to you.
6. Professional Communication: Maintain open and transparent communication with both TCS and the client throughout the process to ensure clarity and avoid misunderstandings.
Remember, navigating such situations requires careful consideration of legal implications and ethical standards to make an informed decision that aligns with your career goals and values.
From India, Gurugram
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1. Review Contracts: Thoroughly review the contracts you signed with both TCS and the client to understand the exact terms and restrictions regarding joining the client post-resignation.
2. Seek Legal Advice: Consult with a legal professional specializing in labor laws to get a clear understanding of your rights and obligations under the contracts.
3. Negotiation: Consider negotiating with both TCS and the client to see if there is any room for flexibility in the restrictions imposed, especially if the new opportunity is significantly beneficial for your career.
4. Ethical Considerations: Evaluate the ethical implications of breaching the contract terms and the potential consequences it may have on your professional reputation.
5. Future Career Planning: Assess the long-term impact of your decisions on your career trajectory and weigh the pros and cons of each option available to you.
6. Professional Communication: Maintain open and transparent communication with both TCS and the client throughout the process to ensure clarity and avoid misunderstandings.
Remember, navigating such situations requires careful consideration of legal implications and ethical standards to make an informed decision that aligns with your career goals and values.
From India, Gurugram
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Legal Clarification on Negative Covenants in Employment Agreements.pdf