Consulting company - Non-Compete clause issue.

[12babu3]

Hello everyone,

I need some advice or suggestion to handle this situation with a Desi consulting company.

I was working for client through company A, between client and company A there are middle layers .Company A has signed a contract with the middle layer and NOT with the client, due to budget cut from the client the middle layer informed company A about the new rate but company A does not want to agree for it and said will pull out the resource (me) from the project.

Company A did not pay me for last two months and did not provide pay stubs along with my pay stubs for last 6 months, after requesting for those no response.So i decided to resign company A { on my resignation i have mentioned the reason as non salary payment and not providing pay stubs ) after getting my resignation notice company A reached me and said that i signed a contract and i cannot work for end client due to NON-COMPETE clause which states " you are not going to work for the client directly or indirectly for a period of 12 months following the termination of employment"

I already completed 1 year with company A I want to work for client and my new employer is not from middle layers, but company A is threanting that will take legal action against me since i working for end client.

I am reaching this forum to see what options do i have?

Advance thanks for any suggestion

Thanks

12babu3

[rahul412]

Hello everyone,

I need some advice or suggestion to handle this situation with a Desi consulting company.

I was working for client through company A, between client and company A there are middle layers .Company A has signed a contract with the middle layer and NOT with the client, due to budget cut from the client the middle layer informed company A about the new rate but company A does not want to agree for it and said will pull out the resource (me) from the project.

Company A did not pay me for last two months and did not provide pay stubs along with my pay stubs for last 6 months, after requesting for those no response.So i decided to resign company A { on my resignation i have mentioned the reason as non salary payment and not providing pay stubs ) after getting my resignation notice company A reached me and said that i signed a contract and i cannot work for end client due to NON-COMPETE clause which states " you are not going to work for the client directly or indirectly for a period of 12 months following the termination of employment"

I already completed 1 year with company A I want to work for client and my new employer is not from middle layers, but company A is threanting that will take legal action against me since i working for end client.

I am reaching this forum to see what options do i have?

Advance thanks for any suggestion

Thanks

12babu3

He can take legal action, but since your employer didn't paid you and didn't provided the pay stubs you can take action on them by filing a complaint against your employer at DOL. Your case is more stronger than the Non-Complete clause.

There is not second thought, file a complaint against that employer.

[JoeF]

Your employer has to pay you, no matter what.

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. Unless you get paid or have a WH4 filed, you can't even transfer anything.

[wiweq]

Company A did not pay me for last two months and did not provide pay stubs along with my pay stubs for last 6 months, after requesting for those no response.

=> You are on H1b, specialty occupation employment based visa. You should adult enough to understand that ON H1B VISA YOU HAVE TO BE PAID ALL THE TIME. Now you are left with only one option. Complain to your state's Department of Labor using WH4. Google it and file the complaint explaining everything. Also complain to IRS and ICE. You failed to do these three complaints; you are partner in the illegal activities done by your employer. This WH4 whould also help you for H1b transfer. Remember, you are out of pay, you are out of H1b status.

So i decided to resign company A { on my resignation i have mentioned the reason as non-salary payment and not providing pay stubs ) after getting my resignation notice company A reached me and said that i signed a contract and i cannot work for end client due to NON-COMPETE clause which states " you are not going to work for the client directly or indirectly for a period of 12 months following the termination of employment"

=> Did you really sign this? Browse you inbox and remember if you really did this. If you are sure that you didn't sign this, find a local labor lawyer. You can easily sue your employer for threatening employees for no cause.

If you can't do above 4 actions, consider you are made to suffer!

[chtummala]

why did not they pay you ..

did you sign that contract ..