sarayu07 Posted January 26, 2020 Report Share Posted January 26, 2020 My friend was working for a Desi consulting firm (Employer (A)) on H1B as a contractor working at client location Employer (A) never trained him or done marketing to get a job. Below is the chain of people involved for the end Client Employer (A) --> Vendor(1)--> Vendor (2)--> Vendor(3) --> End Client. After a year, end client offered full time job to my friend and he joined end client after informing his Employer (A) about the offer, they were OK with it and released Experience letter too by accepting his resignation. After some months, Employer (A) called my friend and threatening him that he will send a legal notice for breaching contract by joining the end client. We are not sure why Employer (A) is bugging my friend now even though Employer (A) accepted my friend’s resignation initially. Below is the agreement. AGREEMENT DETAILS: "For a period of 24 months following the completion date or termination of employment with <Employer (A)>, whichever event occurs later, you unconditionally agrees not to deal directly, indirectly, or by any other means, either individually or in association with another individual or organization, with <Employer (A)>’S customer or directly with the end user. You agree not to hold <Employer (A)>, its customers and their clients responsible for any claims, contracts, agreements and any other legal matters as a result of your dealings with any third party, other than <Employer (A)>. Any breach of the terms of this Agreement may result in legal action for damages and the consultant is liable for attorney’s fees to the full extent allowed by law. This agreement shall be governed exclusively by the laws of the State of Georgia, Forsyth County at all times." Can you please help us to know, will Employer (A) is in a position to send a legal notice? If yes, can my friend dismiss his claims as baseless? Quote Link to comment
cyberlord Posted January 27, 2020 Report Share Posted January 27, 2020 7 hours ago, sarayu07 said: My friend was working for a Desi consulting firm (Employer (A)) on H1B as a contractor working at client location Employer (A) never trained him or done marketing to get a job. Below is the chain of people involved for the end Client Employer (A) --> Vendor(1)--> Vendor (2)--> Vendor(3) --> End Client. After a year, end client offered full time job to my friend and he joined end client after informing his Employer (A) about the offer, they were OK with it and released Experience letter too by accepting his resignation. After some months, Employer (A) called my friend and threatening him that he will send a legal notice for breaching contract by joining the end client. We are not sure why Employer (A) is bugging my friend now even though Employer (A) accepted my friend’s resignation initially. Below is the agreement. AGREEMENT DETAILS: "For a period of 24 months following the completion date or termination of employment with <Employer (A)>, whichever event occurs later, you unconditionally agrees not to deal directly, indirectly, or by any other means, either individually or in association with another individual or organization, with <Employer (A)>’S customer or directly with the end user. You agree not to hold <Employer (A)>, its customers and their clients responsible for any claims, contracts, agreements and any other legal matters as a result of your dealings with any third party, other than <Employer (A)>. Any breach of the terms of this Agreement may result in legal action for damages and the consultant is liable for attorney’s fees to the full extent allowed by law. This agreement shall be governed exclusively by the laws of the State of Georgia, Forsyth County at all times." Can you please help us to know, will Employer (A) is in a position to send a legal notice? If yes, can my friend dismiss his claims as baseless? One thing needs to be clear here - is Vendor 1 a customer of Employer A or is the End Client a customer of Employer A. Logically, End client is a customer of Vendor 3. Not sure, always better to check with an attorney. Quote Link to comment
NotAnAttorney Posted January 27, 2020 Report Share Posted January 27, 2020 (edited) I am sure this employer would have committed enough mistakes that to be pointed out by your friend in an email and stating that if the employer sues him, he is going to revert with more claims. But the best course of action is to talk to an attorney and get help for serious things like these. Edited January 27, 2020 by NotAnAttorney Quote Link to comment
User099 Posted January 27, 2020 Report Share Posted January 27, 2020 21 hours ago, sarayu07 said: After a year, end client offered full time job to my friend and he joined end client after informing his Employer (A) about the offer, they were OK with it and released Experience letter too by accepting his resignation. Do you have any proof that your friend mentioned that he will join the end client and Emp A saying it was OK? 24 months a long time. Quote Link to comment
gopalakrishnach Posted January 28, 2020 Report Share Posted January 28, 2020 (edited) Better to run through with legal labor lawyer... Edited January 28, 2020 by gopalakrishnach Quote Link to comment
sarayu07 Posted February 7, 2020 Author Report Share Posted February 7, 2020 (edited) On 1/27/2020 at 2:51 PM, User099 said: Do you have any proof that your friend mentioned that he will join the end client and Emp A saying it was OK? 24 months a long time. He have the phone conversation recorded and he released the service letter Edited February 7, 2020 by sarayu07 Quote Link to comment
sarayu07 Posted February 7, 2020 Author Report Share Posted February 7, 2020 (edited) Thank you all for the suggestions we will check with the lawyer if he sends the notice Edited February 7, 2020 by sarayu07 Quote Link to comment
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