Employer threatning on behalf of agreement

[genuine_idea]

Hi,

Background:
My current employer filed for my H1-B in June 2003, after I cleared a client's interview and got a confirmation to join them as a consultant. At that time my employer got an agreement signed by me stating that I cannot join my client or my client's client or any related subsidary. That agreement mentions that I have to be with them for at least 1 year after which I can join the client only after giving my current employer 2 weeks notice and gettiing their consent.

Now, my client has offered me a permanent position and I want to take up this opportunity. But my employer is threatning to sue me if I join the client - stating I have an agreement with them, not to join the client.

I have some questions:
1) Is getting these kinds of vague agreements legal?

2) Can he sue me if I join the client?
3) My current employed lied to me about the rate they were getting from the client and paid me less that what I should have earned. Can I sure them for this?
4) The client increased the contract rate after 6 months period but that could not take affect because my current employer did not agree to the client's terms and conditions. Can I sue him for the lost salary?
5) He had agreed to file my GC within 2003 but till date, they have not done so. Everytime I call them up, they say - "it is with the lawyer, we are waiting for his response". How long does lawyers take to document paperwork for GC filing.

Any inputs on this would be highly appreciated.

Thanks
genuine_idea

 

[ginnu]

Hi,

Background:
My current employer filed for my H1-B in June 2003, after I cleared a client's interview and got a confirmation to join them as a consultant. At that time my employer got an agreement signed by me stating that I cannot join my client or my client's client or any related subsidary. That agreement mentions that I have to be with them for at least 1 year after which I can join the client only after giving my current employer 2 weeks notice and gettiing their consent.

Now, my client has offered me a permanent position and I want to take up this opportunity. But my employer is threatning to sue me if I join the client - stating I have an agreement with them, not to join the client.

I have some questions:
1) Is getting these kinds of vague agreements legal?
---depends on the agreement and state law
2) Can he sue me if I join the client?
---depends on the agreement clause and state law

3) My current employed lied to me about the rate they were getting from the client and paid me less that what I should have earned. Can I sure them for this?
---NO
4) The client increased the contract rate after 6 months period but that could not take affect because my current employer did not agree to the client's terms and conditions. Can I sue him for the lost salary?
-NO
5) He had agreed to file my GC within 2003 but till date, they have not done so. Everytime I call them up, they say - "it is with the lawyer, we are waiting for his response". How long does lawyers take to document paperwork for GC filing.
---if you mean first step of GC that is LC then to file LC it takes only 1-2 days to prepare the application if all advertising is compleate for RIR
Any inputs on this would be highly appreciated.

Thanks
genuine_idea

 

[genuine_idea]

Thanks for the inputs.

One more question:
Can my employer withhold/not pay me for the period he is yet to pay me?

Thanks,
genuine_idea

 

[ginnu]

Thanks for the inputs.

One more question:
Can my employer withhold/not pay me for the period he is yet to pay me?
--- NO, employer has to pay
Thanks,
genuine_idea