Non compete

[josecuervo]

Hello,

I am a sub contractor (corp to corp) through a head hunter firm that has me contracted out to a client. I have a pretty standard non-compete in my contract with the head hunter firm - can't work for the client for 12 months or i wil forfeit 35% of my bill rate.

At this time, the head hunter firm has caused me to be unable to work for the client for all of January so far through incompetence dealing with immigration issues. This delay will continue for a couple more weeks. Also, they are refusing to take any contract change requests to the client, claiming they are not reasonable.

At what point is this non-compete invalid when they are limiting me from working through incompetence and not representing me to the client as I need?

[has caused me to be unable to work for the client for all of January so far through incompetence dealing with immigration issues.]

That alone is normally reason to end the contract!

I can "end" the contract anytime I want. I was asking about removal of the non-compete so I can work for the same end client. The middle company is currently preventing me from working there for January through their incompetence, AND the non-compete is preventing me from working there directly.

[annjd]

I think the poster meant you could likely void all of the provisions if the other side has breached the contract.

Oh, i get it. So if the old contract is somehow considered "breached", the non-compete contained therein would not apply on another contract I sign with the client?

That is what i think they are saying yes,

What if the you are fired (in my case) is the contract then Void?

[randalljd]

...often yes unless you were fired for cause, as opposed to lay-offs etc



World Law's lawyers could also probably intervene and help resolve this if need be. You may email them on the home page.