breach of employment contract

D

Dude_In_GA

Registered Users (C)
My ''Employment Agreement'' I signed with an Indian Consultant said that I have to give 2 weeks notice if I am on bench otherwise 60 days if I am on a project. Last week I got a better opportunity and I left the consultant without giving required notice.
Today he sent me a legal notice asking for $30,000 towards the damage of lost profit , immigration cost etc. The legal notice says that I have to pay this amount in a week otherwise he is going to take me to the court.
Please give me your comments, suggestions etc. If any of you have gone through similar case please share your experience.

Note : My consultant didn't pay me on bench, reduce my salary from project to project.

Any inputs will be really appreciated. Please reply.
 
Experts - please reply

Please read my problem above. Jim M and other experts, please reply how to I proceed with this issues. Your urgent response will really be appreciated.
 
Talk to your new employer & request him to help you out as you left the prior company to join the new employer. He may take some advise from the company lawyer. It is a legal matter & a lawyer can only help you out here. I did the same thing but left the company while meeting the employement agreement terms.
 
Originally posted by Dude_In_GA
My ''Employment Agreement'' I signed with an Indian Consultant said that I have to give 2 weeks notice if I am on bench otherwise 60 days if I am on a project. Last week I got a better opportunity and I left the consultant without giving required notice.
Today he sent me a legal notice asking for $30,000 towards the damage of lost profit , immigration cost etc. The legal notice says that I have to pay this amount in a week otherwise he is going to take me to the court.
Please give me your comments, suggestions etc. If any of you have gone through similar case please share your experience.

Note : My consultant didn't pay me on bench, reduce my salary from project to project.

Any inputs will be really appreciated. Please reply.
Click to expand...

Did your employment agreement include non payment while on bench? If it didn't, then your employer violated the agreement first. I think if that happens, all other provisions of the agreement become non-binding on you.
 
Hi! nkm-oct23

The point raised by you abt "Who breach the contract first?" is this point validated legaly?

As in my case the agreement was violated by my employer as follows:

1) Did not paid me salary on bench.
2) Did not filed for my green card after my first salary review.

So my Q is that if any term of agreement if violated by any one party first then the agreement is no longer valid after that & the party who violated the agreement first is responsible while the party who violated or did not followed the agreement later is not responsible?

All Gurus plz respond.

Thanks,
 
Any other suggestions

Please read my problem above. Experts, please reply how to I proceed with this issues. Your urgent response will really be appreciated.
 
An employment agreement just like any other agreement is a contract. The simplest of employment contract is: "You pay me salary, I will work for you." If the employer stops paying salary, the employee is under no obligation to continue to work. (It would be foolish if he did!) Contracts that are legla and valid are always 2 sided, there should be an exchange of obligations (money vs. work)

In your case was benching or green card processing even included in your contract? Forget about verbal contracts, only written contracts are valid.

In my ( non-professional) opinion your employer has no legal basis to ask you to pay anything if he breached his part of the contract.
 
any similair case you know

Thanks nkm-oct23 for your instant reply . Do you all know anyone who was in similair situation. And please let me know what he did ?
No benching was not included in the contract.
Please respond.
 
Thanks nkm-oct23

I think if any one party breach the contract (written) then second party has no obligation to follow the contract.
In my case my employer firstly never applied/filed for my green card on my first review which was done in Oct, 02 & from June,03 stop paying me my salary even never run my payroll. Although my unpaid vacations for few days were never paid. So my emploer has no rights to ask me to pay for my re-location cost which he re-imbersed me in Feb, 02.

I have written a para wise reply to the the lawyer from which I received a notice. I think if my company decides to go in a court of law I will be on a victory stand while I have no intentions to start litigations first. Lets hope for the best.

Thanks every one on your valuable inputs.
 
See H1B Termination Notification thread

...By Titan 01 above. There is a case similar to this where the employer breached the contract and was mauled by the wage Board.
 
In most cases the consulting companies try to scare you. I had a similar experience and I talked to an attorney and he said most of the contract agreement was not valid in California. This gave me courage and I spoke to the company and paid them the H1-B expenses and came out of the agreement.

I think you should go and talk to them. If you are planning to file for a green card and also use the experience from your previous company then watchout, because BCIS is no longer accepting experience letter from a co-worker and it should be on a company's letterhead.
 
Regarding experience letter. If BCIS no more accepting a affidavit from aco-worker then what abt the Employement verification letters till last day of the service. I have reference letters which are addressed to the US Consulates indicating that I am working with company ABC etc. Will that work?

Thanks.
 
safdarali, I think we are talking about getting an experience letter from the previous employer.

Not sure how we can use a employment verification letter from the previous employer with an experience letter, which should have your job duties in detail (BCIS requirement), no. of hours worked, Title.
 
The employement verification/referenec letter I had from my previous employer is a very detailed letter addressed to US visa consular. It aslo shows my date of appointment plus detail job description, salary benefits etc etc. My employer is not interested to issue me the expereince cert as I left him to join a better opportunity.
 
tell the employer his threat is as hollow as his head

If your employer were to ever mention reimbursement of immigration related legal expenses, he would be violating ACWIA, which specifically prohibits this. I would also suggest filing a complaint with your local WHD office of the US DOL.
 
The employment verification/reference letter I had from my previous employer is a very detailed letter addressed to US visa consular. It also shows my date of appointment plus detail job description, salary benefits etc etc. My employer is not interested to issue me the experience cert as I left him to join a better opportunity.
----- Safdar Mian !!! Your above letter will work as Exp letter, no problem for you.
 
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