Sunny7867 Posted November 10, 2018 Report Share Posted November 10, 2018 Hi All, I’m so stressed and confused. Please give me some suggestions. Sorry for long story. I was working at client A through primary vendor B, secondary vendor C and my employer D. The chain is A-B-C-D.... B is primary vendor who represented me to client A. C represented me to B. It has been a year and every year the contract is renewed between A&B. This year B lost bidding with Client A. So the client advised us to leave B and go to some of theirs preferred vendors. So in the process of transition of removing B I removed the other vendor layer C which has no relation with client A. And also changed my employer D based on suggestions by my employer D to change To avoid legal issues. I’m with new employer E. Now the chain is A-X-E. Client - client suggest vendor- new employer. Recently my employer got a lawsuit in which Both of us got sued stating the employer D and employee(me) signed restrictive convenant and assignment of inventions agreement I’m just so stressed and C tried to send one threatening email saying I can remove u from project as I have contacts with client A. When I ask my client they said they don’t know who is C. I’m not sure how to deal with this. C is still holding the pay. The title of lawsuit is Complaint for Damages. My employer can say you are not with me now so I can get away with that and you need to deal yourself. I’m just not in a position to pay lawsuits and just stressed. Please any advice or help. Thanks. Link to comment
JoeF Posted November 10, 2018 Report Share Posted November 10, 2018 Did you sign anything with the vendor??? That may not be valid because you are not a party to the contract your employer has with the vendor. Have whatever you signed checked by a good immigration lawyer and labor lawyer. And next time, don't sign things you don't understand. Link to comment
rt439 Posted November 10, 2018 Report Share Posted November 10, 2018 Dont worry too much about the middle vendor. They cannot do anything to you directly.he has no contract to you, he had with ur previous employer. Dont reply them. As long as u have client support u are fine. Regarding holding the pay, u may have submitted ur timesheets and ur work is done. Ur prev employer will take care by complaining or some ohter means. Link to comment
LeaveMessageH1B Posted November 10, 2018 Report Share Posted November 10, 2018 @Sunny7867 every vendor involved are desi consultancies ? if your answer is yes, its a usual practice to threaten someone who is on H1. I had a friend in similar situation few years ago, my friend sued desi middle vendor in court for holding payments for approved time sheet and desi vendor settled out of court for 90% of original pay. don't get scared as other expert have suggested get a good lawyer. And as long as you have job these costs are not that much (you should have an idea how much they are holding) 1-Review what docs you have signed 2-Check labor laws for where lawsuit is filed, and vendors state (easier is let a professional handle this- that's why hire a lawyer) Link to comment
Sunny7867 Posted November 11, 2018 Author Report Share Posted November 11, 2018 Thank you so much guys for your suggestions, I feel little better. This is what I signed. The vendor said to join the client you need to sign this and in the beginning I have no complete knowledge on this and signed it. But thing is I’m not with my employer D and vendor C is not directly connected to client A. He is through primary vendor B which the client removed. Is there anything I need to do if I sign the below agreement?? Link to comment
JoeF Posted November 11, 2018 Report Share Posted November 11, 2018 You are not an employee of the vendor, unlike what that document claims. Therefore, it doesn't seem to be valid. Again, have this checked by a good labor lawyer and immigration lawyer. And never sign anything without understanding what you are signing. If they want you to "sign it right now", refuse, and have it checked by a lawyer. Link to comment
Sunny7867 Posted November 11, 2018 Author Report Share Posted November 11, 2018 @rt439 @JoeF @Leavemessageh1b The above is the agreement I signed guys. @Leavemessageh1b the law suit is filed in Florida. The vendor location. Thank you so much for your replies!! Link to comment
Chai Posted November 12, 2018 Report Share Posted November 12, 2018 The vendor would say million times that this is under FL jurisdiction and hence, you are liable to pay. This is what they do because had it be in CA jurisdiction; he cannot do much. You can ignore his emails or if he calls record it. Just pretend that nothing has happened and you are cool with it. Link to comment
JoeF Posted November 12, 2018 Report Share Posted November 12, 2018 1 hour ago, Chai said: The vendor would say million times that this is under FL jurisdiction and hence, you are liable to pay. This is what they do because had it be in CA jurisdiction; he cannot do much. You can ignore his emails or if he calls record it. Just pretend that nothing has happened and you are cool with it. Phone calls are irrelevant, because there is no.paper trail. If they are serious they will send a letter. It is a bad idea to ignore letters. Emails are a bit better than phone calls, and may have legal meaning. That's why it is important for the OP to get a lawyer involved. Ignoring things is never a good idea. And call recordings are legal in some states, and can be used in court proceedings. Pretending that they didn't happen is again really bad thing. The OP needs to discuss his situation with a good lawyer. PERIOD. Link to comment
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