Working for same client in different company
Sir,
I am an employee in ABC company and working for client X. Now the client X has decided to change it's vendor from our company ABC to another company XYZ. At the same time I have got an offer from the company XYZ to work for the same client X. Now my question is whether it is okay to join new company XYZ and work with the same client X? I signed in offer letter where a statement in "Terms & Conditions" states that:
Non-Solicitation / Non-Compete
You acknowledge that you have signed Covenant against Disclosure and Covenant Not to Compete/Non-
Solicitation ("Covenant"), which is incorporated into this Agreement by reference and is made a part of this
Agreement and that it constitutes an integral part of the terms of your employment. In the Covenant, you
have agreed that for a period of twelve months following termination of your employment for any reason
whatsoever you also confirm and agree that these restrictions are reasonable and are legitimately required
to protect the business interest of the ABC Ltd.
i) You will not solicit business and/or sell services/products or build business relationship with customers, you were directly or indirectly involved with, during your tenure in ABC Ltd
ii) You will not interfere with its business relations, including but not limited to soliciting or providing
services to any of ABC's clients (except as directed by ABC Ltd), directly or
indirectly.
iii) You will not be employed by a client of ABC Ltd for which you performed services while
employed by ABC.
iv) You will not solicit or induce ABC Ltd associates to join a client or to compete with Tech
Mahindra Ltd.
v) You undertake not to solicit or induce or endeavor to solicit or induce any consultant, supplier or service
provider to cease to deal with the Company and shall not interfere in any way with any relationship
between a consultant, a supplier or a service provider and the Company