AnishN5 Posted April 1, 2015 Report Share Posted April 1, 2015 Hi, My Employer sent me cease to desist notice for working for an ex-client. There were 4-5 layers of different vendors in between. My employer asked me to come out of that project, and even after asking the reason for it no one ever responded back to me. Neither were my personal medical conditions taken care of when I demanded a response saying it'll be tough to move to a new location for new project. Based on my family situation it was impossible for me to look for any other project away from where I was. This made me decide to leave the organization. During my new H1 application process, I was requested me to continue working for the same client by new employer to maintain the relation and I also wanted the same. My employer somehow got to know that I was still working in same client and he sent me a cease to desist notice. I resigned the same day, but after getting that notice. Will my employer be able to take legal action against me? My solid point is he did my H1 saying it was for an internal project and then sent me to client location without doing LCA. Please guide. Thanks! Link to comment
JoeF Posted April 2, 2015 Report Share Posted April 2, 2015 You don't state the important thing: Did you sign a non-compete agreement? Link to comment
rahul412 Posted April 2, 2015 Report Share Posted April 2, 2015 Will my employer be able to take legal action against me? My solid point is he did my H1 saying it was for an internal project and then sent me to client location without doing LCA. Yes, that employer can take action against you. But since your H1 was not filed with this client info, you have some chances. Contact an attorney for help. Link to comment
AnishN5 Posted April 5, 2015 Author Report Share Posted April 5, 2015 You don't state the important thing: Did you sign a non-compete agreement? Yes I did sign a non-compete agreement before joining. Link to comment
AnishN5 Posted April 5, 2015 Author Report Share Posted April 5, 2015 Yes, that employer can take action against you. But since your H1 was not filed with this client info, you have some chances. Contact an attorney for help. Do you think that employer not doing LCA and sending you to work on client site is illegal on his side as well? Also, if he makes me work on multiple projects and bill 16 hours a day in total, can I complain against him? Link to comment
JoeF Posted April 5, 2015 Report Share Posted April 5, 2015 Yes I did sign a non-compete agreement before joining. Then you are bound by that agreement. Link to comment
rahul412 Posted April 6, 2015 Report Share Posted April 6, 2015 Do you think that employer not doing LCA and sending you to work on client site is illegal on his side as well? Also, if he makes me work on multiple projects and bill 16 hours a day in total, can I complain against him? Yes, you can. what your employer did is against H1 rules, so you can file a complaint against that employer. Link to comment
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