Last paycheck withheld+non-compete violation+drama!!!

[LifeonVisas]

Hi All,

My friend told me about this forum and I saw what a great help this has been to other guys with their immigration issues. I recently moved from one desi consultant X to another non-desi consultant Y for the same client while on H1B. After moving to the new one, X threatened to sue me for non-compete violation and has not paid my last week's paycheck+ expense reimbursement from my pocket+per-diem amount for days I was on travel for way.

My mistake was that I did not know that I had signed a contract that had a non-compete agreement and knew it only when threatened by X. X was not letting me go when I told him I want to resign. So I didnt give him the 2-week grace period and left after informing him that I resigned orally. My employer Y got to know of this through the client and gave me the option of going back to X (not possible because of the sour relation that had become at that point with X) or resign. Eventually Y talked with X and I dont know why or how but Y agreed to pay X some huge amount for me in return for X to forgo his non-compete claim against me and Y. Some business agreement was also made. Now Y wanted me to sign another contract for 3 years to stick with them for 3 years and not move as they said they are making this investment for me. At this stage, I was trying hard to find another employer and move away from Y as I didnt want to stick with them for 3 years. I was also awaiting H1B approval through Y as they filed regular processing. I did finally find Z and got my H1B filed again and informed Y that they need not pay any money to X as I'm moving to Z. Y said they already paid X for me. Dont know if that's true or not but I got my self out of Y after giving them a two week notice. All this happened within a span of 4 months. I read recently that you can file a complaint to the DOL to get money from an old employer. I would be really thankful if someone can help me with my questions:-

1) When I let him know that I will file that complaint, can X threaten me with lawsuit for past non-compete clause violation even though I'm not with any concerned company for that client ?

2)It's been almost 8 months now since I left X. Is there still time to file the complaint?

3) What documentation should I provide for this?

Please help as its been a nightmare for me and it's a huge amount that is being withheld from me. Hope this serves as a reminder to other guys to be careful and read the contract again before jumping ship as i learnt it the hard way :(

Thanks a lot for your help in advance!

[JoeF]

Regardless of the non-compete issue, you have to get paid.

If the old employer doesn't want to pay you, file a complaint with DOL on form WH4.There is a 1-year deadline to file a WH4.

As for the non-compete, you should have that checked with a labor lawyer.

[LifeonVisas]

Thanks JoeF!!

[inditrojan]

@LifeonVisas:

I need your help as it seems that you have lot of experience.

Could you kindly share a few good consulting companies who sponsor H1B.

[JoeF]

Could you kindly share a few good consulting companies who sponsor H1B.

Why don't you apply at real companies, that have real products on their own?

Much safer nowadays.

[LifeonVisas]

Why don't you apply at real companies, that have real products on their own?

Much safer nowadays.

I agree.The worst are the desi consulting firms that are run by 1-5 people. These guys suck the blood out of you. They take a nice cut off of the hourly rate that the client pays and give you headaches on top of it. I had a desi consultant contact me when I was looking for a job and he was trying to get me in a project with a huge MNC and he used to hound me with calls/emails/texts simultaneously when he was setting me up for the interview. After the interview, I never got a response to the emails/calls that I sent him (not simultaneously!) asking for the update to my interview. And he had the gall to call me 4 months later saying I have another project(!!) and asked if I was interested.

@LifeonVisas:

I need your help as it seems that you have lot of experience.

Could you kindly share a few good consulting companies who sponsor H1B.

Sorry I just saw your post. I'm in the telecom field. If you are in the same field, you can apply on the dice website as usually most of the telecom jobs are on there. They usually look for candidate's there.