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  • TCS suing ex-employee for breach of contract

    Last year, after working for almost 3+ years for TCS (5+ overall), I decided to pursue other opportunities and got a job elsewhere. I transferred my L1b to H1b with a new company and emailed in my resignation letter.

    I had completed the client's project in its entirety before quitting. Six months later (early this year) I got a notice from a law firm as a registered post which I refused to take and then probably the same notice in my ordinary mail which threatened to sue me unless I agreed for a settlement.

    last month I received another notice by registered mail which I refused again.

    Please note that -
    - I got married in the US to my fiancee who lived in a different city before quitting and I moved after marriage. He is on an H1b
    - I also enrolled in a Masters program in the new city.

    Any advice as to how I should proceed?

    p.s.: I know there was a thread last year about this in "Employer's Corner" section which no longer exists.
    Last edited by sprash25; 6th September 2006, 05:07 PM.

  • #2
    Hi,

    I am in same situation. I left TCS in UK. Can we do something all together.
    TCS is indeed behaving very badly.

    There is a community in Orkut named as "TCS bond breaking". Please express your views there also.
    Last edited by movilogo; 10th October 2006, 11:19 AM.

    Comment


    • #3
      on what basis do they sue??........did they make you guys sign any contract saying that you cannot leave them or you have to pay such amount if you left them....

      i will suggest that you all get together (10-20 people).....and you may find an attorney willing to fight for free....he will file an class action lawsuit.........and since TCS is a big company they have more to fear than you......

      to begin with try to get 10-20 people together and just send an email to TCS corporate people saying that you are all willing to fight it out and you are going to file a class action lawsuit.......

      Comment


      • #4
        they have lot behind their b...

        do one thing...get the prrof that TCScharges the clinets for resource on B1 for their service...or u can proof of emails that people are working here on B1 visa...

        this will shut their mouth...working or charging client on B1 visa is illegal...I have 4 members in my team currently working on B1 ...I took all the proofs for my safe side....

        Comment


        • #5
          TCS suing employees for breach of contract

          hi,
          i got the 2nd notice from the lawyer regarding settlement orelse i will be pulled to the court.
          not sure what to do, tried to contact few lawyers but invain. im told that i should talk to the lawyers from the state where the case is filed.

          btw i looked for TCS bond breaking community in orkut but didnot find any.

          ppl here say that there is no bonded labout concept in u.s.a and no company can file a case like that. but case is filed and i dont know what to do.

          i quit tcs in 2004 october, because i was verbally abused and though i was working in 4 projects, i was given 2 rating and no recognition for the effort that i put. i mailed to TCS - AIG managers about whats happening in tcs and why im leaving tcs. I clearly mentioned that i was verbally abused by my superior and TCS BRM reply is shown below.

          "I have talked to individual you had issues with and have mentored and
          warned him about such behavior. Such behavior will definitely be taken
          into account while doing that individual's appraisal.

          I am indeed deeply sorry about the fact that this happened to you."

          i have all the mails that floated before i left tcs.

          i also have emails from finance asking me to return the tax returns cheque to tcs. I also got the letter from finance requesting me to submit the tax returns cheque to tcs.

          Just wanted to share these with you all and if we decide that we should all fight against this, im in.


          please let me know if we can all work together on this.

          my email id saikyle@gmail.com

          Comment


          • #6
            Unbeleivable

            This is just unbelievable. I cant imagine a firm like TCS would resort to such actions. Thanks for the post though, it would help me in future to make clear the separation clause while joining an Indian firm such as TCS (I don't think I will after reading this post). I have worked in several countries in south east Asia for a Singapore based company. In my opinion, some Indian companies, when it comes to separation, take it too personal and feel like the employee has betrayed the company.
            Any ways, wish you good luck.
            RIR EB-3
            State:VA
            PD:May,2002
            LC AD: Jan 30, 2006
            I-140 RD: March 16, 2006(NSC); AD: 22 May 2006
            CROSS CHARGEABILITY
            I-485, I-131, I-765 RD: 11/16/2006 (ND 02/10/2007, after 2 rounds of rejection for CC since Nov 2006)
            03/9/07 - RFE (I-131,I-765 Color copy of passport)
            03/16, 03/17 - FP at Newark NJ
            EAD Approval - 03/27/2007
            AP Approval - 03/29/2007

            SELF:
            I-485 Approval : 7/27/2007
            Card received : 8/3/2007


            SPOUSE:
            I-485 Approval : 8/13/2007
            Card Received : 9/4/2007

            Comment


            • #7
              In the same boat

              Guys

              I am in the same boat...I left TCS 2 years ago and it took them 2 years to send me the first notice. I dont understand why they sent me the notice now. Should I be worried about it? I am currently in the US and since my parents received the notice too they are more worried than me. Any advise on what you guys are doing about it?

              Thanks.
              - S

              Comment


              • #8
                what is the bond breakage amount at onsite?

                Comment


                • #9
                  I am also ready for suing TCS Back.

                  Hi Guys,

                  I am also in the same boat. I left TCS because of a better oportunity outside TCS. I gave them a 15 days notice and left in USA

                  Let me know what you guys did.

                  My email id is phoenix131281@gmail.com

                  Thanks,
                  Dhiraj

                  Comment


                  • #10
                    wanted to know if anyone got the final notice to appear in the court. i know that are many ppl who left tcs .
                    please let me know if you find anyone who got the final notice.

                    Comment


                    • #11
                      What next after getting the notice?

                      Hi ALL,
                      I am also in same situation.TCS has sent a letter asking for compensation.What you guys did?Please let us know.

                      Thanks
                      Pratik

                      Comment


                      • #12
                        Whats TCS?
                        EB2 - RIR - TSC - INDONESIA
                        LC - PD 8/23/2004 - AD 9/30/2006
                        I-140 & I-485 (CONCURRENTLY) - RD 10/31/06
                        FP 11/18/2006
                        I-140 RFE (RD 1/4/07 - REPLIED 2/21/07)
                        I-140 RD 10/31/06; AD 3/5/2007
                        I-485 RFE (RD 5/22/07 - REPLIED 6/21/07)
                        LUD 6/27/2007 - RFE Response Received, Resume Process
                        LUD 6/28-30/2007
                        LUD 7/05/2007 - Card Production Ordered
                        I-485 RD 10/31/06; AD 7/5/2007
                        LUD 7/10/2007 - Approval Notice Sent
                        LUD 7/11/2007 - No msg chg
                        7/13/2007 - Received greencard

                        Comment


                        • #13
                          I can find out from some of my friends.
                          btw, how much is the Compensation being claimed.

                          Comment


                          • #14
                            Originally posted by joelly View Post
                            Whats TCS?
                            Tata consulting - google it and it is the first result.

                            Comment


                            • #15
                              I am working in TCS and currently deputed to europe. I have as everybody signed the bond MODA. Now I have received a great offer from another company here and I want to join them. However, I cannot go back to India to serve the 6 month bond period because this offer will get invalid in that case. I do not know how much amount TCS will ask me to settle, or what happens if I do not accept the TCS court notice in india as I will be in Europe. Any one who has knowledge , please suggest me.

                              Comment


                              • #16
                                While I may not be able to represent you all, I will try and guide as best as I can. If you all wish, organize a conference call. I can do it at 2 PM eastern time most days.
                                Rajiv S. Khanna; Law Offices of Rajiv S. Khanna, PC - Your Host
                                703-908-4800 Extension 110
                                _____________________________________________
                                I am a lawyer. We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense. There is no way anyone can give accurate legal advice without a detailed review of facts in each case. My comments in the forums do not create an attorney-client relationship. Do let me know how to make things better by posting relevant suggestions here:
                                http://boards.immigration.com/forumdisplay.php?f=13

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                                Comment


                                • #17
                                  Was there any update on this, request to please post. I guess there are many many ppl around for direction or options on this.
                                  I"m just one among them, request to please post some updates on this.

                                  Comment


                                  • #18
                                    Exact same thing happened to me.Recently I got notice from tcs which my parents didnt accept. Later on after few months I got another notice, this time it wasn't TCS envelope. It was from some indian law firm which stated TCS as its client and notified me to pay the damages otherwise i will have to face consequences at my risk! Now the terms that they have mentioned in the letter is absolutely incorrect. They stated that I was supposed to release from the project on Dec 24th '08 and I resigned two days earlier. While the case is I resigned in Jan 09 and gave full three weeks notice. So the point is sending notice for the breach of contract is understandable but on wrong terms is just ridiculous. I have no idea what has to be done and what if we just ignore and not respond to any of such notices.Any help on this will be much appreciated.

                                    Comment


                                    • #19
                                      Hi ,


                                      Any Update as what happened. My wife is also in the same position. She left TCS and they now are sending a mail to her suretor's address warning for case and threaten legal case against them.

                                      Comment


                                      • #20
                                        Hi,

                                        I’m also in same boat and received a letter to pay 6lkah rupees…I quit while in US and they have sent letter after 1 year..Any Advice?

                                        Also, how can i get service certificate (exp letters, etc) from TCS?

                                        Thanks in advance

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