Legal Question in Employment Law in California

Moving from Consulting to Client Company

I work for a consulting firm in CA and have been on assignment with a particular client company in CA which involves weekly flying back and forth. My company has an agreement with that company that they will not encourage ''employees'' of the company I work for to join them. Recently, the client company has asked my company for permission to talk to me about hiring on as their employee. My current employer has refused to grant permission. There is a clause in MY employment agreement about not joining a competitor. I believe the client company is not a ''competitor''. If I were to quit or lose my job due to refusal to continue travel would I then be able to relocate and apply to the client company for direct employment with them? While I have no assurances that they would still want to, I would think that the client company could hire me if they so desired because I would no longer be an ''employee'' of the consulting company.


Asked on 1/12/02, 2:02 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Moving from Consulting to Client Company

Non-competition agreements are not legal in California. However, it is not uncommon for companies to have agreements with each other to not solicit employees away from them, given the time and expense in training employees. This should not prevent you from choosing where you want to work, but the prospective employer must be willing to take the risk that it may be sued for breach of contract by hiring you. Don't take that risk unless they are willing to make that commitment and get it in writing.

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Answered on 1/14/02, 9:08 pm


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