Employer threatening

nimitzinme

New Member
Hi,
I am having a serious problem here. I came to US in april 2008 through a company X based in NJ. I used to work for a company A in India (which has its services in US too) and when I was in India before coming to US i talked to my H-1b sponsorer (X) and company A and took a project to work at client C. They both (X and A) had an agreement of project for 6 months. And this guy X made a contract with me for 18 months. So after 6 months my project was over and I went back to India for a month and got married. The company A offered me fulltime and I accepted it. Now somehow my former employer X came to know about it and sent me a notice through attorney for the breach of contract and desist. Let me know what step I can take to countersue him.

Thanks.
 
The contract with X says that i have to pay $6000 per month for the rest of the period for breaking the contract. Can anyone please let me know what step can I take to get out of it..
 
You did not honor the contract- what do you expect? Were you not aware of teh 18 month contract during the sign-up process?
 
You are OK

Hi
This is a typical H1B employer Vs employee case. All these contract are BS.You will not get any salary due to you . So that is gone.Before 2001 there used to be forums littered with these typical question.Then came a landmark judgment of Dipender. I was thrilled as mine was similar case and used to be under tension. But after this judgment I just walked out the contract and send the link to my employer.
http://www.murthy.com/news/UDh1suit.html
He never responded me back .Earlier he used to call me ,sent me Attorney's notices etc. So just take one or two beer and live a peaceful life without contacting your X. Just for record " No Desi body shopper has the guts to take an H1B employee to court for bonded labor contract. This is used to scare you. That's all.

Hope it will help.
Thanks
Blessed_by_iNS






Hi,
I am having a serious problem here. I came to US in april 2008 through a company X based in NJ. I used to work for a company A in India (which has its services in US too) and when I was in India before coming to US i talked to my H-1b sponsorer (X) and company A and took a project to work at client C. They both (X and A) had an agreement of project for 6 months. And this guy X made a contract with me for 18 months. So after 6 months my project was over and I went back to India for a month and got married. The company A offered me fulltime and I accepted it. Now somehow my former employer X came to know about it and sent me a notice through attorney for the breach of contract and desist. Let me know what step I can take to countersue him.

Thanks.
 
Watch out for absolute statements like this.

Look. Whether a contract is enforceable of not is a matter of the contract, the factual situation, and the laws of the specific state which govern the contract. Without knowing a lot more, it is impossible to say whether your contract is enforceable or not. You need the specific advice of an employment law attorney who will review the contract, discuss the situation with you in detail, and advise you regarding the probability of successful suit against you. This is not a bonded labor contract. You agreed to the terms, which seem to be not to go to work for a client for 18 months after termination of services and then you apparently breached those terms. Not only that, it appears that you had that intent from the beginning, thereby possibly violating your duty of good faith and fair dealing with your former employer while you were still that employer's employee.

Again, the contract may well be unenforceable, but I sure would not make an absolute statement at this point one way or the other.

Jim Mills

Hi
This is a typical H1B employer Vs employee case. All these contract are BS.You will not get any salary due to you . So that is gone.Before 2001 there used to be forums littered with these typical question.Then came a landmark judgment of Dipender. I was thrilled as mine was similar case and used to be under tension. But after this judgment I just walked out the contract and send the link to my employer.

He never responded me back .Earlier he used to call me ,sent me Attorney's notices etc. So just take one or two beer and live a peaceful life without contacting your X. Just for record " No Desi body shopper has the guts to take an H1B employee to court for bonded labor contract. This is used to scare you. That's all.

Hope it will help.
Thanks
Blessed_by_iNS
 
Update?

Hi nimitzinme, Any updates? I hate these unscrupulous employers, cheaters f**king bast**ds, ruin so many lives for so many years. Hope they burn in hell for all they have done to innocent hard working immigrants.
 
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