Notice sent by employer

G

genuine_idea

Registered Users (C)
Hi,

I have completed one full year with my current employer and want to take up a full time position with my client, which is not acceptable to my current employer (because of employment agreement). I tried to settle the issue with him but he is adament that I do not join my client. He has clearly said that he is not interested in settlement by money. His only aim is to stop me from joining the client.

Now, I have a few questions:

1) My current employer sent me a notice but I could not receive it as I was not at my home. What happens if I am not able to take the notice, because of whatever reasons? Can this go against me?

2) He gave me salary less than what he mentioned in my employment letter. Can I use this against him and get out of his employment agreement?

3) What is that I should look for in the agreement by which I could prove that his agreement is just a one-way agreement and is therefore too restrictive to be implemented?

Please respond as I am fed-up of this company.

Thanks,
genuine_idea
 
thanks unitednations for the quick response.
I am getting in touch with a lawyer very soon as I want to get this issue resolved.

You are right, he has threatened to get an injunction against my joining the client. What happens if he gets an injunction? When can he get an injunction - right now or wait for my response for the notice that he sent?

thanks,
genuine_idea
 
I guess he is taking his chances as I am joining the end-client, not his client (Preferred Vendor).

My company -> Preferred Vendor -> End client

He did not pay anything to anybody, no moving charges - nothing. Somebody referred me to him. He did pay for my H1B but he took $1000/- (in cash) from me for premium processing. I am sure he has not shown that in his books.

Also, the end client is not at all a competitor in my current employer's business. I too am very unsure why he wants to get a bad name by doing all this.
 
that's true.

I guess what makes us most vulnerable is the lack of understanding of laws and procedures.

thanks again

genuine_idea.
 
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