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kasiar

Registered Users (C)
My friend is an H1B Holder. He worked for a company "A" as a consultant for the client B for
Three Years. He joined the client Company "B" and Start working for them without telling the company A. Still he did not sent any resignation to the company A ,as he is waiting for his last pay checks .In the mean time Middle man is asking finders fee and blackmailing him that he is going to inform the company A. But the company B and my friend informed the middleman before joining the client B .He did not sign any agreement between the middleman. But he signed the company A that he will not join the Client.
My Questions are
1. Is it legal asking finders fee?
2. Is it illegal without resigning and informing the company A and joining the client?
3. Do they have any rights to sue my friend? (Middleman had sent him a letter that he has the right to sue if he is not giving him finders fee or quitting the job immediately.)
Attorney ‘s and friends Please help my friend in this issue.
 
Rephrase the question in details with sequence of events, when he came, he had H1B of XYZ then Transferred on YYY like that complete details, from where this middleman came if He was on H1 of Company A and worked at client site and joined client with H1B transfer. This middle man has no rights because your friend was never with middle man on H1 B status and middleman was not his employer at any time, if middle man has any contract for the CUT it will be between Company A and Client, your friend has nothing to do with this middleman as he can not enter directly with contract with your friend, he may have some kind of contract with company A that I place your employee at client site and I will take CUT of…. So it is between company A and middleman nothing to do with your friend. Need more details to understand the situation
My Questions are
1. Is it legal asking finders fee?
--- If middleman has a contract or agreement with your friend company then it is between company and middleman, company needed to place your friend through middleman so middle man can only ask the fee from company not your friend
2. Is it illegal without resigning and informing the company A and joining the client?
---Depends on the agreement that he signed with company A and it is under labor law and varies from state to state
3. Do they have any rights to sue my friend? (Middleman had sent him a letter that he has the right to sue if he is not giving him finders fee or quitting the job immediately.)
---- Depends on the agreement, but middleman can not sue your friend as he had nothing to do with middle man, middle man is just trying to scare your friend as company A might not giving him finder fee , no need to worry from middleman letters, he cant do anything.
 
if your friend has signed contract with non-compete agreement with company A, then company A would have the right to sue your friend. The middleman has no right to sue your friend. And he also wouldnt want to screw the relationship with company B for future placements (golden duck). One option is to resign from Company B, and then sit in the bench for 1 month with company A without taking any offer. If company A wouldnt pay the full salary during benching, then you can quit company A and join company B, as they have violated law. If Company A does pay your friend the full salary (unlikely), then i dont know what s/he could do.
Another option is to go to company A and be straight with them. May be s/he can pay some amount to company A or ask company B to pay company A a fair amount.
Or s/he can just quietly quit company A and face whatever problem comes.
everything depends on the kind of contract s/he has signed with company A. All other matters are between companies and s/he dont have to worry abt that.
There might be some labor law depending on the state that may favor your friend in some situation. You can call up some immigration and labor lawyers and consult your case.
 
Hi ginnu & cannon,
Thanks for your information.
Now this middleman has informed the company A and they also sent my friend a letter that they are going to take action.
I want to tell you some thing that I missed in the last post.
1. My friend has not joined the client (B) directly. He has got a visa in other company's name. (Working for company B, may be indirectly two companies are related.)
2.Company A told before in written that he will not pay the bench salary. He never paid the salary in time. Every time he tortured him like anything else.
3. This middleman had sent the company B that he is going to take action. Company B replied that they did not have taken my friend in this company B name.
Please tell me is there any strong points in my friend's side.
 
This is really complex situation. Company A and Middlemen have an agreement; so does company B and middlemen and company A and your friend. Now, for company C (the other company which has visa) to get money from company B so that they can give your friend his salary. To get money, they need to sign agreement with company B or the middlemen. To sign that agreement, they need to first break the previous agreement or wait till it expires before they sign new agreement.
So did the agreement expire or was it broken? if it wasnt expired, the party breaking the agreement should notify the other party.

Your friend needs to worry abt company A, company C and job with company B. s/he need not worry about middlemen. s/he better consult a lawyer before proceeding further. s/he may be able to help using some state labor law reagrding this situation.
Regarding company A, its not legal to bench an employee on h1 and give him/her salary lesser than the amount mentioned in LCA. It doesnt matter whether they have a contract or not. So, after consulting with lawyer, s/he can tell the company A that s/he quit because of these tactics. but i dont know if it will work as s/he hasnt given a notice to quit.
If possible, get out of this problem smoothly, as s/he doesnt want to lose this job. Its also better to look for another job, if s/he thinks s/he may lose the job with company A or B or C.
I am not an expert in labor or immigration laws. so consult with one.
 
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