I am from India and joined a company-A in H1B work visa in May2002.
For the first 3 months, they didn't pay me and kept me on bench continuously even though i got projects (since the projects were less benifitial to them), they made me wait until they got a good bid on me and i finally joined a project in September 2002
The project ended in Jul 2003. After July2003 i joined a project on my own effort, but however since i am in H1 , I worked through my employer till Dec 2003. mY PROJECT ENDED IN dECEMBER 2003.
All these time, my employer never increased my salary and I was working for low wages.
In 2nd week of January 2004, i joined another COMPANY-B and joined a project but with same end client (technically a different manager, new purchase order etc and totally different project)
My old employer says he has a non competence with me and it says i cannot join the end client directly or indirectly and threatening me to join him back for low wages.
According to the main aggrement, it says i have to work minumun of 11/2 for the company and this period is completed.
But according to the non - competence, my employer is saying i can't work for the same end client threatening me he will file a case and sue me.
Can anyone please help me.
I am gone mad.
here is what the non competence says
COVENANT NOT TO WORK FOR CLIENTS OR END USERS.
EMPLOYEE absolutely and unconditionally represents and agrees that during the term of Employee’s engagement, and for a period of two (2) years after the Employee’s engagement with EMPLOYER is terminated for any reason whatsoever, whether voluntary or involuntary, he will not:
9.1 Directly or indirectly, regardless of whether Clients shall contact EMPLOYEE or vice versa, individually or as an employee, partner, officer, director, stockholder, or in any other capacity whatsoever of any firm, partnership, corporation, or entity, transact, carry on, solicit, perform, accept, divert to, receive, sell to, engage in or conduct any business dealings with existing or former Clients; or
9.2 Directly or indirectly, regardless of whether End User shall contact employer or vice versa, individually or as an employee, partner, officer, director, stockholder, or in any other capacity whatsoever of any firm, partnership, corporation, or entity, transact, carry on, solicit, perform, accept, divert to, receive, sell to, engage in or conduct any business dealings with existing or former End Users. An End-User is any business or company where EMPLOYEE is placed or works while on the payroll of EMPLOYER regardless of whether EMPLOYEE was placed with the business directly by EMPLOYER or indirectly through an intermediary company. An End User directly utilizes a company employee service and is usually where an employee is physically located.