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[D] H1-B Holder Wins Lawsuit Against Employment Agency
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(05/04/01) -
http://www.usvisanews.com/memo1284.html
By Sarah Hayne
Last week, CNET News reported on the case of an Indian
programmer, Dipen Joshi, who sued his employment agency,
Compubahn, because of what he felt was an overly restrictive work
contract. The lawsuit which began in January last year had its
final ruling on April 18, 2001. According to the article, Mr.
Joshi\'s contract required him to pay a $25,000 "finder\'s fee" to
Compubahn. A second provision in the contract stated that he
must repay all relocation expenses and immigration fees if he
left Compubahn after working for the company for fewer than 18
months. Finally, he was forbidden from "working directly for a
client or having \'a meeting to discuss the possibility\' of doing
so for a year after his departure from Compubahn." After Mr.
Joshi left the company to work for Oracle, Compubahn mailed him a
letter demanding that he pay $77,085, the penalty fees listed in
his contract. At this point he sued the company for violation of
a California unfair competition statute as well as fraud and
misrepresentation. On April 18, the judge ruled in Mr. Joshi\'s
favor and awarded him $207,051.50 in attorneys fees and $7,999.11
in other expenses. This ruling could open the doors for other
H1-B employees to escape overly restrictive contracts with other
employment agencies.
