Is this harrasment ?

Discussion in 'Homeland Security Harassment Issues' started by siva_jm, Feb 19, 2004.

  1. siva_jm

    siva_jm Registered Users (C)

    I am from India and joined a company-A in H1B work visa in May2002.

    For the first 3 months, they didn't pay me and kept me on bench continuously even though i got projects (since the projects were less benifitial to them), they made me wait until they got a good bid on me and i finally joined a project in September 2002

    The project ended in Jul 2003. After July2003 i joined a project on my own effort, but however since i am in H1 , I worked through my employer till Dec 2003. mY PROJECT ENDED IN dECEMBER 2003.

    All these time, my employer never increased my salary and I was working for low wages.

    In 2nd week of January 2004, i joined another COMPANY-B and joined a project but with same end client (technically a different manager, new purchase order etc and totally different project)

    My old employer says he has a non competence with me and it says i cannot join the end client directly or indirectly and threatening me to join him back for low wages.

    According to the main aggrement, it says i have to work minumun of 11/2 for the company and this period is completed.

    But according to the non - competence, my employer is saying i can't work for the same end client threatening me he will file a case and sue me.

    Can anyone please help me.

    I am gone mad.

    here is what the non competence says
    ----------------
    COVENANT NOT TO WORK FOR CLIENTS OR END USERS.

    EMPLOYEE absolutely and unconditionally represents and agrees that during the term of Employee’s engagement, and for a period of two (2) years after the Employee’s engagement with EMPLOYER is terminated for any reason whatsoever, whether voluntary or involuntary, he will not:
    9.1 Directly or indirectly, regardless of whether Clients shall contact EMPLOYEE or vice versa, individually or as an employee, partner, officer, director, stockholder, or in any other capacity whatsoever of any firm, partnership, corporation, or entity, transact, carry on, solicit, perform, accept, divert to, receive, sell to, engage in or conduct any business dealings with existing or former Clients; or

    9.2 Directly or indirectly, regardless of whether End User shall contact employer or vice versa, individually or as an employee, partner, officer, director, stockholder, or in any other capacity whatsoever of any firm, partnership, corporation, or entity, transact, carry on, solicit, perform, accept, divert to, receive, sell to, engage in or conduct any business dealings with existing or former End Users. An End-User is any business or company where EMPLOYEE is placed or works while on the payroll of EMPLOYER regardless of whether EMPLOYEE was placed with the business directly by EMPLOYER or indirectly through an intermediary company. An End User directly utilizes a company employee service and is usually where an employee is physically located.
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  2. Jharkhandi

    Jharkhandi Registered Users (C)

    Is your company direct vendor of your client or is there any other company involved in middle?

    If not direct vendor then they cannot sue you.

    If they still go with the idea of dragging you to court - keep your W2, salary slips ready. Get hold of a good lawyer. You can present before court that since you were not being paid - so for your survival - you took this desparate step. Ask for a pardon from court, that your lawyer will take care of. You will get a sympathetic and judicious judgement.

    And then bring it to notice of Labor Dept. IT IS EXPLOITATION and your employer will be in trouble.
     
  3. dsatish

    dsatish Registered Users (C)

    I don't know why some people do things so shabbily. Why the heck did you inform your old employer about your new project at old client ? You should have taken all the precautions (not taking any phone calls directly for atleast a month). At this stage, you should only hope that they will not really file a case against you. Think of what dirt you can dig out of your old employer. Did he always pay you on bench ? Do you know of any consultants in that company who were not paid on bench ? If you know any dirt about them tell them that you are going to report all that info to Dept of Labor. Then he will shut his mouth. Even if files a case, i think that most of the courts give favourable judgements to employees rather than employers.
     
  4. ghost-rider

    ghost-rider Registered Users (C)

    siva_jm What state are you in. Laws varries from state to state so read your state law . In california these things are void and u can join any employer any time. So check your state law.
     
  5. markandeyulu

    markandeyulu Registered Users (C)

    too late to reply on this , Here is my take. Did you know that what ever project you found in the client's place is the business you have developed to your employer?

    So it is your employer's business , It is as simple as you taking away the code you have written for the client when your project ends.

    if you want the cleint then you need to stick with your employer , else find a totally different employer and/or client for yourself and you are free to move.

    -Mark Andy!
     
  6. premkumar_nag

    premkumar_nag New Member

    Hi Siva? What happened?

    I am just curious to know what happened to this episode. Did you win or your employer? Please update the message / reply, this could be a good information to all the employees.

    Thanks
     
  7. Flavialaf

    Flavialaf New Member

    Is this harrasment

    This forum is run by a Canadian you retard LATE POST BUT WHO CARES?
     

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