changing employer to middle-man; risks involved? + with clause and some twists.

K

k9765

Registered Users (C)
Hello everybody,

I have a problem and am looking for some help.

my employer is not paying me what he promised to INS. no i want to join the middle man, but the papers/agreement i have signed with my current employer says: 1. if i leave him before 2 years: i have to pay 15000 as damages., also 2. i can not join any middle-man/client for 1 year, whome he has placed me with, after leaving his company.

what should i do? is it safe for me to join this middleman/client on the basis that my current employer is not paying me the promised salary? what are the risks involved?

thank you,

K

* in short:
a=preferred vendor
b=middle-man
c=current co.(my employer)

c has paper work / middleman agreement with b
b has paper work with a
i wanna join a (on the ground that c is not paying promised salary)

with those 2 clause in picture, what should be my best line of action? what if c ever try to get things/my account(salary) right/ straighten-out for himself? (he has never paid me the promised amount)

any expert advice or experienced advice is very much appreciated.
thanks again.
k
 
If it is documented that the salary promised per LCA or I129 has not been paid, then you have a strong case of voiding the contract. Standing up to an employer takes more than wishful thinking. Make the client aware of this situation and make sure that they(both HR and the manager) will be behind you when you dump your company .
Many people have done it. And the majority have paid up damages.
 
yes, documented but plz. confirm

Jaxen, thanks for your expert comments, gives moral a boost.

now, if my current paystub (or for that matter all my paystubs) showing the real salary i am getting (which is not what he has promised me/INS) fits in properly in the 'documented' definition, is what i want to make sure?

by asking new company's manager and HR to be 'behind me', are you indicating any unpleasent surprises, hiding in this case? what are they? I have already apprised them of the situation. What kind/degree of risk is involved here.
My intention is not to go after the current employer, just to keep him off me, in case he tries to get his hands on me. I won't initiate any unpleasent action from my side. but dont want to be in a weaker/vulenrable position either.

Hence i have come here for expert and experienced advice.

thanks, once again.

K
 
similar case but not switching.

Hi, reading this thread....

Jaxen, in your reply, who has paid damages to whom???

Jassi
 
Failing to pay an H-1 worker the salary stated on the LCA and the I-129 is a serious problem for the employer (I'm currently litigating a case for this). As far as the contractual issues go, the answer may vary from state to state but it seems to me that there is a very good argument that the employer has breached their agreement with you and therefore you are under no obligation to continue to perform. You really will need professional advice from an attorney who is licensed to practice law in your state (again some of this can vary from state to state), particularly if this is going to get ugly. From an immigration perspective, it will also be a good idea to have an arrangement with the "middleman" just in case you end yo getting fired somehow. You would want the "middleman" to then immediately file an H-1 "transfer".
 
the non-compete clause..

Yes Jim, I will go for an attorny if he try to come after me, or in other words he dont leave any other option for me.

But what about about non-compete clause? if i ask my middle-man to do an h1b transfer, wont my current employer try to trap me into non-compete clause, inspite of all his short comings?

Thanks again for your advice.

K
 
That's exactly waht I was talking about. The onlything the former employer can do is sue you (probably and the "middleman" too). You may very well be sued, I would doubt it but it's possible. Your argument is that the employer breached the contract by failing to pay you as agreed and therefore the contract, and the non-compete clause, are invalid. There is no way for me to say whether the employer could prevail or not without knowing what state law governed the contract and alot more facts.
 
You will need to speak to an attorney licensed to practice in the relevant state (I'm only licensed in PA and NJ so I can't handle the case myself (Immigration law is federal so location does not matter for that but your situation is a contract dispute)). You will need to argue that either the clause is illegal (I doubt it but I don't know based on the relevant state law) or that your employer somehow breached the contract and therefore you are not bound. Of course, you will still need to pay your attorney and that could get very expensive.
 
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