Employer Threatnening.

K

kanishraja

New Member
I currently work for company A (company A holds my H-1B). I work at a client place which is company B through 2 layers company X and company Y. When I joined company A back in 2008. I have written agreement with company A that I would not join my client place after my contract ends for a duration of 6 months. I ended my contract with my client back in 2009 and rejoined at the same client with a new contract. Now, my client is interested in processing my H1-B and therefore ready to take me in.

Now, my company A wants to SUE me for joining my clients place. Urgent reply is highly appreciated.
 
Unless it says six months of your Contract ending with company "A", you are OK.
Let them sue you and take the copy of the contract with Company "A" and have the judge scream at them for wasting the courts time.
 
It said employer should not accept employment, including work as independent contractor, from any customer of employee to whom employee was introduced by employer in the normal course of employer's business.
 
Hi,

I need some guidance related to employer threatening. I have my H1 processed through a Desi Company in 2008 qouta. Before starting the processing the sent me an agreement letter which states that I need to work for the company for minimum of 1.5 years else i need to pay back some xxxxx amount. It also says that the company can ask me to work in any country or any location where the company has there business or clients. I have signed the agreement that time.

Later they asked me to join the comany office in HYD, INdia and said that they will send me to USA in 2 months. After joining there they have asked me to work for there projects in that office and meanwhile they will find the project in USA. Like that I worked for them in HYD office from April 2009 to May 2011 for 13 months then they have sent me to USA in May 2010. Here i was not very happy with the work and client was extending my work only for 2 months 3 months type of thing. Then I found a new opportunity with a MNC and joined theire by transferring my H1 in Dec 2010.

So total I worked for 1 year 8 months for the H1 holding company ( 1.1 year in HYD and 7 months in US). I think that i have already fulfilled the commitment of 18 months mentioned in the agreement letter.

Now the company is asking to pay back the xxxxx amount of dollars as a loss to them else they will file a case against me.

Please help me by guiding what to do? Can they file a case or just threatening to get some money back?

Is that contract valid in USA? it is not not notorised also. it is just signed on a stamp paper. The company claims that the agreement starts when I came to USA, but it is not mentioned in the agreement.

As per the agreement if the Company is not able to send me USA beforw 31st dec 2009 then the contract will become invalid. It also says that it can be extended for 6 months if agreed by both parties but i never agreed to anything and neither signed any contactual docs in USA or before coming here.

Please help me in resolving this issue.
 
If you signed the contract in India, it might be enforceable in India. US laws and protection will not be applicable in that case.
Have an attorney in US (someone who is also aware of Indian labor laws) review your actual contract.
 
Of course they can file a case. It doesn't mean they're right, but they certainly can file a case, and you got to have a lawyer on your side to handle it correctly.

It is legal to require you to work for a certain period of time if they sponsored your visa (1-2 years is rather reasonable and common). The amount you should be paying back should be prorated over the period you've actually worked for them. If the contract states 18 months, and you worked for them 12 months, then you should pay back one third of the amount in the contract. That makes sense, they paid for your visa, and you ditch them.

Agreement doesn't have to be signed on paper, it can also be given verbally. The fact that you continue working on the same terms can be shown as a de-facto agreement.
 
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