What to do if my present employer’s subcontractor offer letter restricts me from joining the prime contractor it directly supports?

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What to do if my present employer’s subcontractor offer letter restricts me from joining the prime contractor it directly supports?

I am a sub-contractor employee and have been offered direct position by the prime contractor but there is clause in my present employer’s offer letter that I don’t understand. The clause states, “Your acceptance of employment with “ABC Company” will restrict you from accepting a position from any prime contractor you directly support during your employment with “ABC Company” for a period of one year after termination from the company.

Asked on January 23, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The language you quote would seem to restrict you from working for the prime contractor for one year. Such non-competition clauses are enforceable, so having accepted the position, you would appear to be bound by the letter's terms. You should bring the letter to an attorney to review in detail with you, to make sure that you understand what you can and cannot do--sometimes one clause or paragraph will modiy or limit another, so the letter needs to be read in its entirety in detail.

Note that if you take a job in contravention of a non-competition clause, your present employer could sue you and seek monetary compensation and/or a court order preventing you from working at the prime contractor.


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