Non-Compete Agreement

[akund001]

Hi,

 

I have a situation and need your valuable input on how to proceed on this. I currently work for employer X. I work on EVVC model -  i.e. My employer -> Vendor -> Prime Vendor -> Client.

I have worked for the client for like 1 year and the original contract has come to an end with this client which was for 1 year.

 

Client offered me to hire me directly and Prime Vendor is ok with me joining fulltime with client. But my Employer and Vendor are opposed me and threatening to sue me as well as holding my pay. My employers pay roll runs with 2 months delay..i.e. I get paid for the month of October 1-30 on December 30th. So if my employer holds pay I will loose 2-3 months of pay which I cannot afford.

 

I did sign a non-compete agreement with both employer and Vendor, which says something like I should not work any client or clients sub-vendors for at least 2 years after contract ended. Is this agreement valid considering I am joining client directly and Prime Vendor (which is the actual client for Vendor)?

 

So please enlighten me how should I deal with my employer and vendor who are trying to threaten me to hold my pay and sue me? Are the agreements I signed with my employer and vendor valid in court? 

 

Experienced persons or Attorneys please reply.

 

Thanks,

Cuser

[jairichi]

First file a complaint against employer with DOL for not paying your salary in time. Also, employer has no right to retain your salary. Talk to a good immigration attorney and labor attorney (for noncompete agreement).

[JoeF]

First, nobody can "hold" your pay. That is illegal.

If they actually do hold your pay, file a complaint with DOL on form WH4.

As for a non-compete agreement, these are generally valid, if they are reasonable (and non-compete agreements are not valid in California, due to a court decision there.)

If the client wants to hire you directly, the client would have to come to an agreement with your employer.

[pontevecchio]

Run your contract by a Labor Lawyer in your state. Help yourself and do it in the next few days. You should also know that if an employer violates H1 rules you get consideration for staying around to get another H1 sponsor. The 1000 USD or so you will initially spend with the Labor Lawyer and the Immigration firm will pay you multiple dividend.

[Joss]

Hi , 

I also have a similar trouble . I worked for Employer A > Vendor B > Vendor C > Prime Vendor D > Client . Now Vendor B at the start of my salary gave me a contract to sign in which the entire document talks about employer and employee . But i am not their employee . It is just a middle layer for me . 

Now i have joined the Prime Vendor D . So will the document signed with Vendor B which talks about Employee can not join prime vendor will hold true in faith of Law . (Basic Problem is I am not an employee of Vendor B but the doc signed with Employer B has language of Employee can not do this etc .. Is that valid document or he is just using it to threat me ) . 

 

My employer has not payed my 2 months of salary and he says that same Vendor B has not released my salary . 

Please help as it is urgent . 

 

Thanks

[JoeF]

You were not even allowed to sign anything with any middle vendor.

You are not a party in any of their contracts. You should have given that to your employer.

[jairichi]

Hi , 

I also have a similar trouble . I worked for Employer A > Vendor B > Vendor C > Prime Vendor D > Client . Now Vendor B at the start of my salary gave me a contract to sign in which the entire document talks about employer and employee . But i am not their employee . It is just a middle layer for me . 

Now i have joined the Prime Vendor D . So will the document signed with Vendor B which talks about Employee can not join prime vendor will hold true in faith of Law . (Basic Problem is I am not an employee of Vendor B but the doc signed with Employer B has language of Employee can not do this etc .. Is that valid document or he is just using it to threat me ) . 

 

My employer has not payed my 2 months of salary and he says that same Vendor B has not released my salary . 

Please help as it is urgent . 

 

Thanks

You might get away if the wordings used in your agreement were wrong. Check with a labor attorney. And, employer cannot withhold your salary and so you you need to file a complaint against employer with DOL.

[jairichi]

Hi , 

I also have a similar trouble . I worked for Employer A > Vendor B > Vendor C > Prime Vendor D > Client . Now Vendor B at the start of my salary gave me a contract to sign in which the entire document talks about employer and employee . But i am not their employee . It is just a middle layer for me . 

Now i have joined the Prime Vendor D . So will the document signed with Vendor B which talks about Employee can not join prime vendor will hold true in faith of Law . (Basic Problem is I am not an employee of Vendor B but the doc signed with Employer B has language of Employee can not do this etc .. Is that valid document or he is just using it to threat me ) . 

 

My employer has not payed my 2 months of salary and he says that same Vendor B has not released my salary . 

Please help as it is urgent . 

 

Thanks

You might get away if the wordings used in your agreement were wrong. Check with a labor attorney. And, employer cannot withhold your salary and so you you need to file a complaint against employer with DOL.

[JoeF]

My employer has not payed my 2 months of salary and he says that same Vendor B has not released my salary =

 

The employer has to pay you, no matter what. Him not getting money from a vendor is NOT an excuse.

File a complaint with DOL on form WH4. The DOL will make the employer pay you.

And find a better employer, one who isn't a fraud.

[rahul412]

 

My employer has not payed my 2 months of salary and he says that same Vendor B has not released my salary . 

Please help as it is urgent . 

Then file a complaint against that employer, he has to pay you not the vendor. Start looking for a new employer ASAP.