Contract/Restrictive Bonds

[callmano]

I came to US through ABC company on H1B. As soon as I came here, they asked me to sign a contract with them. After that, I work with them for a client company through a vendor for a year and a half. The client wants to absorb me as a full-time employee, but my company says that I cannot join the client as per the contract. I would like to know if I can be restricted to join the client. This happened 6 months back when the client's consulting company was ready to hire me and my company prevented it saying my contract doesn't allow it.

Please let me know as early as possible to take a decision on this. Thank you very much.

Thanks,
Manohar

 

[Jackolantern]

While this specific contract may be unenforceable in court due to them having you sign it after you arrived in the US (you'll have to check a labor lawyer to make sure), restrictions against joining the client are often enforceable, especially if it was a client you met through the consulting company.

Have the client negotiate with the consulting company to let you join. If the client is giving your employer more business, your employer won't want to upset the client and they'll probably let you go (although this may involve the client paying money to your employer to release you). I had a similar provision in my contract, but the client convinced my consulting company to release me from it (and I believe thousands of $ were exchanged in the process).