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breach of contractbreach of contract

Labor »Posted 11 Jan 2011 Post Answer

legal question I am working as a business analyst in Manchester in an Indian based software firm on an onsite assignment. I have been selected for a Sr. Business analyst job by the client for whom I am currently working on behalf of the Indian Software company. I have resigned from my Indian company and working my notice period but my company is threatening to sue me if I were to take up job with the client on the basis of breach of contract. I had signed an undertaking on conflict of interst and secrecy contract in 2005. The relevant paragraph reads as under \\\" I AGREE NOT TO JOIN FOR ONE YEAR AFTER MY TERMINATION OF SERVICES, ANY CUSTOMER OF MY COMPANY WITH WHOM I HAD INTERACTED OR FOR WHOM I HAD DEVELOPED SOFTWARE OR INTERACTED IN ANY CAPACITY DURING MY SERVICE WITH MY COMPANY WITHOUT THE PRIOR WRITTEN APPROVAL OF MY PRESENT COMPANY.\\\"CUSTOMER\\\" SHALL INCUDE THE ULTIMATE CUSTOMER ALSO. THIS UNDERSTANDING SHALL BE ENFORCABLE BY AN INJUNCTION ORDER BY FOLLOWING/ADOPTING THE DUE PROCESS OF LAW\\\" ON this point I need your opinion. Are they entitiled to sue me, if so, whether in India or UK. Thank you.


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