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Old Apr 26th, 2008, 12:50 PM     #1
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Exclamation Need help regarding third party entity

I work for a consulting company say A, I went to a project like, company A signed a contract with B, B signed a contract with C, C signed a contract with D (which is the client), in short D only know C and C only know B and B has direct contract with A. Now the client (D) wants to hire me but I have signed an agreement with A stating that I cannot accept employment (for 1 year) with any customer (I can guess that D is not a customer of A) and third party entity with whom I had been placed on behalf of A. I am concerned for this third party entity, can D be a third party entity of A where I have been placed on behalf of A (in my thinking I was placed to D on behalf of C because D only knows C). Can anyone please help me on this matter.
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Old Apr 28th, 2008, 11:27 AM     #2
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Default Re: Need help regarding third party entity

Your contract should make that clear it may say only the company that is directly hired--it may say any job directly or indirectly connected...
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Old Apr 28th, 2008, 02:22 PM     #3
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Default Re: Need help regarding third party entity

The contract is like

During the course of (unless otherwise directed by and done on behalf of A) and for the one (1) year period following the termination of your employment with A, you agree not to directly or indirectly
(i) solicit the business of or become employed by any customer
(I can see that D is not a customer of A, it is a customer of C) or third party entity with whom you had been placed on behalf of A, and
(ii) solicit for employment any person(s) employed by A. You agree that A will be entitled for injunctive relief as well as damages for any voilation by you of this paragraph.

I am concerned about this third party entity, can D be a third party entity for A where I have been placed on behalf of A. As D have no connection with the two primary entities A & B, it's C who has direct connection with any one the primary entities, in this case B.
Can you please elaborate on this in detail. Thanks!
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