Legal Question in Employment Law in New Jersey

I am employed with a IT staffing company, say A. We had an agreement that I would need to provide them with 4 weeks of written notice. The company's non-compete bars me from joining their client, say B. The contract has exhibit A, which spells that I need a written approval from company A before I back out from the assignment. The assignment is to work for company C, which is a client for company B. I also have another exhibit B from company B which specifies that I would not accept or solicit any opportunity from client C.

I was made an offer by company C and I accepted the offer on company B's approval. I have an email trail to prove it. Company C is also aware of this scenario.

My employer A is still claiming that I can not join company C and is not accepting my resignation.

Is that legal on part of company A to not accept my resignation and force me not to join company C. Please advise.


Asked on 8/15/11, 9:32 am

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

If you received something of value for entering the agreement with B (and not A) not to compete with C, then B (not A) could seek to prevent your relationship with C. Although it is unlikely a court would order you to work for A, if A suffers losses as a result of your failing to perform as promised (e.g., give sufficient notice), then A can sue you to recover those losses. Also, if C engages you, B may sue C for interfering with B's agreement with you. Please contact me ASAP so that we may explore your options and protect your legal rights. 973-921-0600.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

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Answered on 8/15/11, 9:53 am


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