H1 Transfer - Non compete clause


DKA

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Please help my query.

 

I work for Employer A. B is my Vendor and C is my Client. I am contractor for Client C thru the vendor B. I worked 9 months as contractor to client C and Client C offered me Full time and I accepted. Client C transferred my H1B and its approved and my joining date is next week.

Client C informed about my full time to Vendor B and they accepted it.

When i gave 2 weeks notice to Employer A, he mentioned the below statement stating i have signed the aggrement.

 

6.01. During the term of this Agreement, the Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate4 office, director, or in any other individual or representative capacity, engage or participate in or solicit, recruit, or hire any employees for any business that is an active client of or in competition in any manner whatever with the business of the Employer. Furthermore, for a period of 6 months after on the termination of this Agreement for any reason, the Employee shall not, directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in or solicit, recruit, or hire any employees for any business that is an active client of or in competition in any manner whatever with the business of the Employer. 

 

He says my  agreement with Employee A is till Mar 2016

 

1) Can Employer A go legally and file a case against me or against Client C?
2) If he goes legally and file a case, how much i should end up paying
3)  section 6.02  - Liquidated Damages says - I need to pay him my 2 weeks salary - does it applies to the above scenario?

 

Also, when my employer A applied my H1b he applied as an inhouse project. But i was working with Client C from the very first day of my H1b approval( which is around 9months). Employer A didn't do the amendment saying that i am working with Client C. As per USCIS, i am still doing the In House project at Employer A. Does this help me anyways?

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1) Can Employer A go legally and file a case against me or against Client C?

2) If he goes legally and file a case, how much i should end up paying

3)  section 6.02  - Liquidated Damages says - I need to pay him my 2 weeks salary - does it applies to the above scenario?

If the agreement states something like that then he can. But its always better to review that agreement by an attorney and get some help.

 

 

Also, when my employer A applied my H1b he applied as an inhouse project. But i was working with Client C from the very first day of my H1b approval( which is around 9months). Employer A didn't do the amendment saying that i am working with Client C. As per USCIS, i am still doing the In House project at Employer A. Does this help me anyways?

 

That's nothing but cheating. You will be in trouble one day.

Overall he is an fraud employer.

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you need to pay as much as you have agreed in contract. which might be H1b costs + GC costs if applicable.

 

If they file a case against you & you lose, then it will be viewable in your public reports in Credit Reports. proceed with caution

If the agreement mentions about H1b costs, then I think that's not a valid clause since H1B has to be paid by the employer by LAW.

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DKA, first check the contract between ur old employer and vendor if you have it. If the client name is not mentioned in the contract then you are in good shape.

How big is ur old employer? If it is small dont worry. If they are still doing business with your client, they dont dare sue you and ur employer as they loose the whole business with the client and the vendor. They just want to get some money from you as you are leaving.. Try to scare them by saying if they keep on pushing you have to loop in your new company attorney..  If they haven't paid u if you are on bench , say to them that you will file WH4 with USCIS for back wages, they will sit quite.. All the best.

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