Non-compete agreement

[uma123]

Non-compete agreement with my current employer which says I cannot join my vendor to whom I am sub contracted to provide IT Services to a client.

My vendor says that they have an contract with my current employer according to which I should be paid a minimum wage which is breached by my current employer. Is it legal for me to break the non-compete agreement in this case.

[rahul412]

Non-compete agreement with my current employer which says I cannot join my vendor to whom I am sub contracted to provide IT Services to a client.

My vendor says that they have an contract with my current employer according to which I should be paid a minimum wage which is breached by my current employer. Is it legal for me to break the non-compete agreement in this case.

No, its not legal to breach the agreement. All you can do is, if possible negotiate with your employer about this( 99% sure that your employer will never agree to negotiate).

[JoeF]

How would your vendor know how much you are paid?

[rahul412]

complain with DOL about your employer.

complaint?? So the Non-compete agreement is illegal in US??

[chtummala]

ask ur vendor do an audit ..

[uma123]

How would your vendor know how much you are paid?

i shared my pay stub with my vendor .

[JoeF]

i shared my pay stub with my vendor .

Note that this may be illegal under your employment contract.

And in any case, you don't have any agreement with the vendor. You get paid a salary as per the LCA. As long as you get paid that salary, you have absolutely no standing to complain.

The vendor's contract is with yur employer. If the vendor sees a violation of that contract, they can sue your employer. But you have to stay completely out of that.

[JoeF]

Obiviously from the OP's post its clear that he/she thinks that the employer is not paying proper wage to the employee...thats why complaint.

The proper wage is determined by the LCA. Any contract the employer has with some vendor is completely irrelevant for the OP's salary. As long as the OP gets paid his salary as per the LCA, the OP has no standing to complain.

The vendor may sue his employer, but the OP is not a party of that contract, and has to stay completely out of it.

[uma123]

My employer is paying properly as agreed with me. But the contract between my employer and vendor says that I should be paid an X amount which is not done. So my vendor says my employer has breached that contract and non- compete will be taken care by the vendor if I am joining my vendor .please advise.

[JoeF]

My employer is paying properly as agreed with me. But the contract between my employer and vendor says that I should be paid an X amount which is not done. So my vendor says my employer has breached that contract and non- compete will be taken care by the vendor if I am joining my vendor .please advise.

The contract between the vendor and your employer is none of your business. You are not a party of that contract.

The vendor may sue your employer, but that has absolutely nothing, zero, nada ro do with you.

You have to stay out of that. You get paid by your employer, and that is all that matters for you.

[SameerH1Bworker]

@uma123

Its not just like employer is paying me as per your agreement with employer. BUT Employer MUST pay atleast the salary figure mentioned in LCA & I-129. PERIOD.

And if he is paying atleast that amount then like JoeF said, you should stay out of vendor & employer's contract.