Legal Question in Employment Law in Georgia

Contractual problems with employer

I was working for a Client (A) through employer (B). I had signed a non-compete agreement with B that prevents me from providing services directly or indirectly to A. Earlier this year I left B for a better job prospect. However i joined another employer (C) who could contract my services to A. A wanted me to work for them. But because of the non-compete we had to work out a deal where B would hire my services through C (for one year). This way I don't violate my non-compete clause and I am off the hook after a total of one year of employment. Now B has serious financial trouble and wants us to work out some a contract that pays us only when A pays B. We (Me and C) have no way to verify when A paid B, in such a case if A still has a desire to keep me employed can I go and directly work for A or have C directly bill me to A ? What are my options?


Asked on 7/07/08, 8:08 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Contractual problems with employer

Without trying to follow the A's, B's and C's, see a lawyer. No one here has the contracts at issue, or the other relevant facts, to advise you of your options.

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Answered on 7/07/08, 8:44 am
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Contractual problems with employer

The answer really depends on the terms of the non-compete and the terms of the second agreement with B. Assuming that the non-compete is enforceable in Georgia (which it may not be), you will probably violate its terms unless you get the consent of B.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 7/07/08, 4:20 pm


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