I am currently in India and have been working for a Company on a Freelance basis for the last 3 years that is USA based. They have recently offered me a job (full time) like an employee with all the perks and benefits.
They have done this with others as well who are Non-USA based and have been successful in that. Last week they sent an Agreement (Independent Contract) to make it official. However, they had a Non-Compete clause built-in for a period of 2 years.
My question is should I sign it? if I sign it can I ask for an upfront payment (Compensation) for signing Non-Compete?
From India, Mumbai
They have done this with others as well who are Non-USA based and have been successful in that. Last week they sent an Agreement (Independent Contract) to make it official. However, they had a Non-Compete clause built-in for a period of 2 years.
My question is should I sign it? if I sign it can I ask for an upfront payment (Compensation) for signing Non-Compete?
From India, Mumbai
Dear Kumar,
As I am given to understand that in majority of U.S States non-compete clause in employment contracts are legally valid subject to the reasonableness of its operative duration and geographical limits. You can ask for the consideration to you, if any, and then sign according to your choice based on the experience of others in the past.
From India, Salem
5967As I am given to understand that in majority of U.S States non-compete clause in employment contracts are legally valid subject to the reasonableness of its operative duration and geographical limits. You can ask for the consideration to you, if any, and then sign according to your choice based on the experience of others in the past.
From India, Salem
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NON-COMPETE AGREEMENT ADDENDUM.doc
Delhi High Court Ruling on Non-compete Agreement.pdf