employer sue me on joining same vendor on H1 for Non competition and Non Solicitation


vaibhav1070

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I've just got letter from my old employer and asking me to pay $182,720.00..

 

  

below was in the invoice...

 

1)Solicitation,joined our client ,left 8 months on the contract.. 97,920.00

 

 

===> Lets say My employer is A, vendor B, client C.

I've joined the client C on 26th Nov 2012 

on 2nd April 2013 I resigned and sent two week notice to my Employer A..

I joined Client C as full time on 15th April 2013. 

 

2)Did not follow through with promise to join client,lost all future business with vendor,

contract size was 6 months plus,but billed for 6 months ........81,120.00

 

==> i don't had any communication with my employer since I have joined Client C from April 2013..and in around august/september 2014 , we had one phone call in which he said that lets join us again and we will find you the good one. after some time we have got this one, signed re offer letter on 6th Octo and the joining date was 20th Octo 2014. on 15 th octo I've informed them on phone that..I'll not join this contract and the reason was "My family/friends requested/explained me that why you are starting consultancy again when you have good full time job. and after healthy discussion I've made this decision.

 

On 16th Octo, I've sent an email saying that I'll not join you.

 

 

3)Company incurred administrative and legal cost in filing for h1b Visa...4930.00(i've paid 1250 premium cost)

 

===>I thought its illegal to ask employee to pay H1 cots, and still I've paid them the H1 Premium  filling cost 1250.00

 

 

 

Any Help and Suggestion would be appreciated. I'm really in tense and didn't get sleep from the time I've got this letter.

 

 

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Did you sign a non-compete/non-solicitation agreement?

And if so, did you tell the new employer that you signed such an agreement?

You need to see a good labor lawyer and immigration lawyer ASAP.

 

And, btw, the premium costs are some of the few costs the employee is allowed to pay.

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Thanks to all for your response..I'll have to hire the labor attorney.

 

below was in the offer letter..

 

Restrictive covenant: following the termination of the employment of the employee by the employer. with or without cause

or the voluntary withdrawal by the employee from the employer, the employee shall, for a  period of one year following said termination or voluntary withdrawal, agree not to directly or indirectly join  any clients / vendors introduced to you by (employers name). this agreement will be governed by the law of new jersey, without respect to new jersey's conflicts of low provisions. 

 

And, btw, the premium costs are some of the few costs the employee is allowed to pay.

 

==> yes and because of that reason I've paid the premium cost to them.

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  • 2 weeks later...

Yes this is Desi company..who accepted unlawful practices(like Fake resume,crack the interview call..etc) to place the Consultant..

 

below was the response that I've prepared with consulting few attorney and sent them on 22nd Dec, I'm still waiting for their response on this...

 

1.         Claims for Solicitation, Joined our client, <Client B>, on 04/15/2013, Left 8 Months on the contract.

: Despite <Employer Name=A> claims, I never joined <Client B>,. Therefore, this claim is baseless and I am not responsible to pay any of the monies owed under the Solicitation claim.

2.         Did not follow through with promise to join client. Lost all future business with vendor, contract size was 6 months plus, but billed for 6 months.

: As per the employment contract, I had provided written and oral notice to both <Employer> and its clients declining <Employer>  offer to join them. As such, I am not responsible for any loss incurred by <Employer>.

3.         Company incurred administrative and legal cost in filling for H1B Visa.

: As far as I understand, I was only responsible for the premium cost of filing, which I have paid to <Employer>. In addition, according to the Department of Labor, it is illegal for the employer to seek these fees. (See: http://www.dol.gov/wecanhelp/h1bworkers.htm; Illegal Deductions: Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee; Or to pay a financial penalty for leaving employment before a date set in the employment contract; Or to pay employer business expenses (such as attorneys fees for preparation and filing of the H1B Labor Condition Application).

            I am more than willing to cooperate with your offices and discuss settling this matter since most of these claims are baseless. I would like to point out that <Employer> never made me aware of any such consequences of not joining the company last year. However, now, one year later, in light of some dispute regarding H1B visa fees, your client <Employer>  is looking to strong arm me into paying a multitude of fees. At this point, I would urge you not to pursue this matter further and provide me a written notice withdrawing the last notice. Should you have any further questions, please do not hesitate to contact me. Thank you for your courtesies herein.

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  • 1 year later...

Yes this is Desi company..who accepted unlawful practices(like Fake resume,crack the interview call..etc) to place the Consultant..

 

below was the response that I've prepared with consulting few attorney and sent them on 22nd Dec, I'm still waiting for their response on this...

 

 

 

So what happened finally to your case?

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