Desi Employer holding pay for taking Full Time with Client.

[0407]

@ JoeF, yes you are right. Court had quashed down liquidation damage of 10K as salary was 60k.

It said 10K is an unreasonable amount for someone who earns 60k.

[chakrakr]

@ JoeF, yes you are right. Court had quashed down liquidation damage of 10K as salary was 60k.

It said 10K is an unreasonable amount for someone who earns 60k.

Where did OP say that his pay is 60K And LD is 10K. OP Was talking about non-compete.

Second, can you cite the case law where court has quashed the said case . (BTW, the correct word is Liquidated Damage , not Liquidation Damage). LD is a valid clause in many different contract (even those not related to employment). However, OP Was not talking about LD , he was talking about non-compete agreement.

Third, while it is for a court to decide if LD or non-compete is unreasonable, it is absolutely nonsense to advice someone "None of these clauses hold in a court of law" . If OP goes the legal route, there is no guarantee that he will win. And if he loses, he will have to pay the non-compete amount + his employers legal expense + his own legal expense.

It is foolish to equate an H1 reimbursement agreement (or holding H1 pay) with a non-compete agreement. Both are entirely different thing.