Lawsuit for breach of contract - help/suggestions/comments welcome

[g1412m]

A lawsuit has been filed against my friend (who is on H1B) for breach of employment contract by his previous employer (a body shopping company). The employment contract said that he is supposed to serve the notice period and if not, he would be liable for any damages because of that. He unfortunately did not serve the notice period and went on to join another firm. Now they are seeking damages because of lost revenues, reputational damage, lawyer fees, punitive damages etc etc. He also has some counter claims against the company regarding pay that was not paid for the last month he worked there. He has not brought up these claims with either the DOL or through any lawyer yet.

I have heard this forum is quite active. I am trying to check if there is anyone out here who might have been in a lawsuit. Good lawyers that one might recommend. Or just share their experiences if they have been in similar situation so that we may get some ideas about how to deal with the situation. He is trying to contact lawyers too and it is tough to be sure if the lawyers would really represent you or are trying to make money off of you.

[JoeF]

First, he should file a WH4 with DOL. Then, he should get a lawyer.

It can be argued that the employer broke the contract by not paying him, and because they broke the contract, he would have been free to leave at any time.

Further, a penalty for leaving H1 employment early is not allowed. Only liquidated damages are allowed.

[rahul412]

A lawsuit has been filed against my friend (who is on H1B) for breach of employment contract by his previous employer (a body shopping company). The employment contract said that he is supposed to serve the notice period and if not, he would be liable for any damages because of that. He unfortunately did not serve the notice period and went on to join another firm. Now they are seeking damages because of lost revenues, reputational damage, lawyer fees, punitive damages etc etc. He also has some counter claims against the company regarding pay that was not paid for the last month he worked there. He has not brought up these claims with either the DOL or through any lawyer yet.

I have heard this forum is quite active. I am trying to check if there is anyone out here who might have been in a lawsuit. Good lawyers that one might recommend. Or just share their experiences if they have been in similar situation so that we may get some ideas about how to deal with the situation. He is trying to contact lawyers too and it is tough to be sure if the lawyers would really represent you or are trying to make money off of you.

Yes, when he signed the contract then he is suppose to give a notice.

File a complaint against that employer mentioning about not getting paid.