Joining client company:

[annamadhusudhanan]

Hi ,

I am working as a consultant. My visa status is H1B. June 2012,

My employer told me that he would file my Green Card process in September second week, 2012. But in October month, he told me that he would file my green card only in

January. Then I replied my employer that i would resign my job. Then my employer told me that he would file in November 1st week. Every week he postponed till December

28.(November 1, Novemnber 8, November 30, December 7, dEcember 14, Decmer 21, December 28).

Now he is ready to file my Green Card.

I am working in Client Z , through another vendor Y.

My employer is X, X has tie up with Y and Y is direct vendor of Client Z.

client Z has an agreement with consultant Y , that Z can hire any contract employee after 6 months.

Vendor Y and my employer X has an agreement that , Vendor Y should not hire any employee of X.

And I(employee) should not join in Y or any client of Y. and I agreed and signed this document while joining in company X.

Now my client Z offers me permanent position and ready to process Green Card.

Can i take this offer? if i take is , will i face any legal issue?

Can X take any legal action?

what do i need to do, so X can't take any legal action on me?.

[rahul412]

Can i take this offer? if i take is , will i face any legal issue?

Can X take any legal action?

what do i need to do, so X can't take any legal action on me?.

If you have signed the agreement then you cannot take that offer. Employer can take legal action.

If you want to avoid this, wait till that agreement expires.

[sree14]

i take this offer? if i take is , will i face any legal issue?

Can X take any legal action?

They can definitely take legal action if you have signed an agreement.

what do i need to do, so X can't take any legal action on me?.

You/Your new employer Z can try negotiating with your current employer to void the agreement. The success of this depends on how willing Z is to hire you. If Z really wants to hire you, then they can approach X to negotiate and void the agreement.

[Attorney_25]

Clearly a signatory to the contract (X) can agree (in writing preferably) not to enforce a term of a contract. If an agreement cannot be reached between all parties, you may want to consult with an employment law attorney in the state where you are working or, if a specific state is designated in the contract for resolution of legal issues, then in that state.