Non Competence


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Hi ,

I had my H1B with employer A , some company B did marketting for me and found me a job (they don't hold my visa) with a sub vendor C(they are also not the direct vendor of the client). Now i transferred my visa to Company C. Does Non solicitation clause exist in this case. Company B is holding my 3 months salary and now they are saying its a breach of contract. Are they making a valid statement here. I did sign a paper of non soliciation with marketting company B but B and C did have some kind of contract.I am in trouble now as a lot of my money is at stake. Any opionion on this is highly appreciated.

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First off, non-compete is valid in most of the STates.

SEcondly, salary needs to be paid without holding even a cent of it.

So, you will need to get your salary paid by your employer nevertheless what they think.

Go ahead and file WH4 with DOL against your ex-employer.

Hire a good attorney specialized in labor laws to handle the civil case, if it ever arises.

Good luck



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  • 2 months later...

The advice given by howdy_howdy is perfect.

If you are in California then you have nothing to worry and such a contract won't affect you. If B and C had a contract then it is for them to dispute. It should not directly affect you directly.

Pay cannot be withheld. It is illegal and you can file a complaint with DOL.

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