The contract reads: "The Client agrees not to solicit or hire any of (company name) employees for a period of two years after termination regardless of cause" If I am not longer employed by this company and the Client decides to hire me after thei...
If I understand correctly, you were employed by Company ABC. It has a contract with Client, and the contract between the two companies contains the clause your wrote her. Your question is whether Client can hire you after the contract runs out. The answer is "it depends." Non compete agreements are not favored by courts. If you create your own company and Client hires your company, you are more likely than not safe, as the clause will be interpreted very narrowly, and companies owned by employes are not included. Further there is some doubt in my mind whether the clause is enforceable.
The clause required consideration, e.g., payment to be valid. If the contract between Client and Company ABC provided consideration, then the clause may be enforceable against Client, if Company ABC wants to do that. On the other hand, you have no prohibition against working for Client, and I question whether the courts will enforce the clause when it disadvantages you.
In sum, I think if Client engages your LLC or the like (and I suggest you use a name far removed from your own) you may be reasonably insulated from Company ABC. If Client hires you directly the question is (1) is the clause enforceable and (2) will Company ABC spend the money to enforce.
Of course, Client and Company ABC could agree to allow Client to hire you.
One final note. Florida has recently often treated single member LLCs as if they were individuals and not LLCs. Usually this has had to do with debt and not hiring, so it may not be a problem for you. However, if a Florida court said your LLC was really just you, you might run into problems. Of course, if you are married, your spouse could control the LLC for a time or a trusted relative. That is if your relative owns the new LLC or at least controls it and you are employed by the LLC, I don't think the non compete gets to you because it is not specific and the clauses are disfavored.
I have three rental properties owned by my LLCs. Can I give interest of my LLCs to my family, but not the income generated by the rentals? I want my family to become members of my LLCs but not receive any economic interest until I die. I need my ...
My first question would be why do you want an owner to have equity and no income--is that the best way to accomplish your goal. Assuming it is, you can do what you wish. One of the unique things about an LLC is that earnings do not have to be distributed equally to members. However, remember that this member will be taxed on his share of the income, whether he gets any money or not. In light of that I would urge you to distribute to him at least enough to pay the tax that will be assessed.See question
I'm wondering if I can sue in the USA based on additional documents, proof that he didn't do what he was supposed to do and off course, similar documents that were used in France in the first court day. I can appeal in France and I'll do it, but I...
The question in my mind is whether a U.S. court is bound by the French judgment. If you could provide more information off line, e.g., the issue, the amount involved, the local court in France, etc., I can contact my French colleague and perhaps get insight from there. Beyond that, unless someone on the list knows for certain, I would want to take a look at the standing of French judgments here. I highly doubt that they can simply be ignored. Of course the bottom line as well is whether there is enough money involved to merit all the litigation.
Is there an attorney "peer review" website?
Historical Martindale Hubbell has been the primary source for ratings, though now there is AVVO and a few others. Martindale Hubbell is strictly peer review, whereas Avvo and others include client reviews as well.
Do not hesitate to Google an attorney name. If he or she has been involved in something inappropriate you might find information on Google.See question
One partner with 50/51 so we can get women's business owner status. Not sure if we should form a corp or LLC
If you are going to remain a two person company you will likely find the LLC the better choice. In New York you will have to publish the creation of the LLC which can be costly, but there is a mechanism for reducing costs exponentially. If you opt on the LLC you should probably consider electing taxation as an S corp, barring any impediment. That creates some tax advantages.
You could also operate an S corp--definitely not a "C" corp. The S passes profits and losses to the owners while the C pays taxes then distributes to the owners who pay taxes again.
I like corporations for governance purposes, but with just two owners you are likely well served by the LLC. Of course if expansion is your goal, you may need to consider corporate status.
Ken SprangSee question
Can someone recommend an AFFORDABLE Import/Export attorney in the Metro Detroit area?
As others have indicated, legal services are not cheap. We are based in Washington, DC, and serve clients all over the U.S. and abroad. Rates at large firms here run from $300 to $1000 or more per hour. However, there are many of us who have left large firms to form smaller ones so we can provide individualized service at lower costs.
I know starting a business can be costly, but you need to build legal fees into your budget. With attorneys by and large you really do get what you pay for, That investment now will prevent headaches in the future. Not to be rude, but if you cannot afford the legal costs you no t quite read to settle.
Depending on your needs, I suspect you are looking at $2500 to $10,000. If you can do some investment ow in the legal costs, it will pay dividends in the future. As others have said, though, do seek an attorney who has experience in the araea you need.
Best of luck,
Hi, I am an Indian and don't have any US visa. I bought a PA based ITES consulting company. After paying the full amount to the owner of the company now he is saying that he cannot transfer the company and its properties on to my name as i don't h...
You raise multiple issues. I deal frequently with foreign nationals who own businesses in the United States and indeed regularly set them up. Although you could own a membership interest in the company yourself, you might be better off setting up a US limited liability company and let that company own the company acquired. Have you a business in India--if you do and it could own the U.S. company that is better yet.
In short, your seller is wrong that he cannot transfer because your do not have a U.S. visa and are not present here--all this assumes you are not on any government black list.
It is relatively simple to transfer the business. A simple sale agreement and transfer of the membership interest will do the trick.
One hurdle you will likely have is opening a bank account in the U.S. One must have a Social Security number to do that. We can discuss ways around that difficulty.
I wold be happy to discuss the matter with you. If you wish to do so email me at firstname.lastname@example.org. I am in Washington, DC.
If the seller ran off with your money, that may be a criminal offense in which case you would want to reach out to the law enforcement folks both in PA and TX. You could sue to get it back, but that could be expensive.
I am the president of a cricket (sports) club. Our club is a member of a local cricket association. The association is asking to sign a liability waiver. In the email it states that it is for insurance purpose but in the form it self it say the fo...
This is not worded terribly well, but it is not uncommon for a non-profit organization, or even a for profit one, in which members are exposed to any danger, e.g., any sport, to waive claims against the organization. If the organization is responsible, it has insurance against injuries that are attributable to the negligent acts or omissions of the organization. That may be the policy at issue. But if claims are not limited to those that are clearly the result of negligence, and if the organization is exposed to claims that are not within the scope of insurance, it may simply be too expensive and dangerous to operate the organization.
I have served as general counsel to an organization similar to Outward Bound. The parents of each boy were required to sign a released with regard to any injuries arising that were not the proximate result of a negligent act or omission by the organization. Without such a release, the organization could not function, as despite all the precautions any organization may take, there is always a chance of injury.
Because of the awkward working this may or may not be enforceable. However, a properly drafted release is generally enforceable unless it seeks to excuse the organization for liability for its own negligence.See question
I am planning to form an LLC in MA for both real estate and import & export. Can I do one LLC for both areas? If I move to another state in a few years (for ex:from MA to CA), what state do I have to follow for taxes and fees for my LLC? Thank you!
You may do one LLC for both areas of business. I do a lot of forming of LLC's for businesses throughout the U.S. I have developed a strong preference for DE even when necessary to register as a foreign entity in another state. If you think you may relocate I recommend DE even more strongly. It is one of the few states in which you can form an LLC even though you do not reside in that state.See question
I live in Tennessee, and my co-founder lives in Texas. We plan to run a consulting company consisting of a distributed team of 1099 contractors. My co-founder and I were not planning to take payroll but instead profit sharing of the company's asse...
In general the requirement to register a foreign corporation in another state arises if the company "does business" in another state. States define :doing business" differently from state to state. If your partner is actively engaged in business activities in Texas he should register there. Whether the primary registration is Texas or Tennessee is up to the two of you.
If you do much business in other states you may eventually have to register there too.See question