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sarayu07

Employer threatening to sue my friend for joining client

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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?

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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.

 

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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 by NotAnAttorney

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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. 

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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 by sarayu07

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Thank you all for the suggestions we will check with the lawyer if he sends the notice

Edited by sarayu07

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