Non compete agreement with desi consulting company

[sree14]

Hello All,

I need some urgent help from you all:

I am working for A (desi employer in TX) through B (vendor) for client C. C wants to hire me full time. B is ok with this. I have a NCA with A. C is willing to talk to A on my behalf and negotiate with him. How do I proceed with this?

1. Should I talk to the employer myself? (Its a desi company and they suck the blood out of you. I am not sure if they would agree if I discuss with them)

2. Should I let the client handle this?

Note: they dint pay me properly and owe a huge amount of money to me. I have email correspondances for the same.

I am willing to let them keep some part of my unpaid dues as compensation and get out of this. But, how do I convince A if they are not ok with monetary compensation also and get out of this desi company?

Please help! Thank you for your time.

[rahul412]

Hello All,

I need some urgent help from you all:

I am working for A (desi employer in TX) through B (vendor) for client C. C wants to hire me full time. B is ok with this. I have a NCA with A. C is willing to talk to A on my behalf and negotiate with him. How do I proceed with this?

1. Should I talk to the employer myself? (Its a desi company and they suck the blood out of you. I am not sure if they would agree if I discuss with them)

2. Should I let the client handle this?

Note: they dint pay me properly and owe a huge amount of money to me. I have email correspondances for the same.

I am willing to let them keep some part of my unpaid dues as compensation and get out of this. But, how do I convince A if they are not ok with monetary compensation also and get out of this desi company?

Please help! Thank you for your time.

I would say let your client deal with your employer, they know how to deal with these kinds of situations.

BTW, why are you still working with that employer when they are not paying you on time? (You are indirectly supporting them)

[JoeF]

Non-compete agreements are generally valid in the US (an exception is California, where the CA Supreme Court has declared them invalid.)

[sree14]

I would say let your client deal with your employer, they know how to deal with these kinds of situations.

BTW, why are you still working with that employer when they are not paying you on time? (You are indirectly supporting them)

Thanks for your response. The only reason for staying with this employer is to first get my unpaid salary and then quit.

[sree14]

Thanks JoeF! I am aware that NCAs are valid. That is the reason why I am worried. I need to somehow negotiate with my current employer and make the NCA void in order to avoid trouble.

[rahul412]

Thanks for your response. The only reason for staying with this employer is to first get my unpaid salary and then quit.

Only option you got is, negotiate with them.

[JoeF]

Thanks for your response. The only reason for staying with this employer is to first get my unpaid salary and then quit.

If the employer doesn't want to pay your salary, file a complaint with DOL on form WH4. The DOL will make the employer pay you.