off topic. Help appreciated.

S

sunnyday20us

Registered Users (C)
Hello,
Iwas with a consulting form for 4 years. got laid off since no project. After a few months got a contract with a same client . Joined them. The old employer came to know and tell its a breach of agreement and will take legal action against me.
Any idea of how can I move on this case?
Also he is going to cancel my gc application (completed 20 months of I-485).
 
Do you have a layoff/termination letter? This was direct client of your GC sponsoring company. What is agreement he is talking about?

Since you I485 is pending since 20 months means you cannot be con-current filer so i presume your I-140 has been approved.
Then you need not worry about I-485.

Give your dates and details.
 
Do you have a layoff/termination letter?
--YES, an email from him.

This was direct client of your GC sponsoring company
--NO. Through a middle consulting firm.
I am workign through an agency for the client now.

What is agreement he is talking about?
--Employment agreement. Which I signed 4 years back. But do not have a copy with me .Remebering back now, I think it has a clause that tells that I will not work with the client. But not sure on that .

Since you I485 is pending since 20 months means you cannot be con-current filer so i presume your I-140 has been approved.
Then you need not worry about I-485.
-- I agree. Yes, mine is non concurrent.

April 2002 RD for I-485.
 
Not only are you safe, but you also have legal grounds to sue the ex-employer if he hasn't paid you a salary when you were on bench. If you worked on H1 and were on bench where your employer din't pay you then DEMAND that money back.

The Supreme court has already issued a few decisions on this account, saying NO ONE can stop someone from making money via gainful employment. It is a different thing to sell trade secrets. But just working for a new client after layoff from primary company IS NO breach of promise.

If your ex-employer doesn't want you to work for your current employer, then ask him to pay you the salary as compensation and you can sit at home. This is exactly what Walmart did to its CTO when he tried to move to a different company.

I suggest you either retain a lawyer to send them a strongly couched letter asking them to stop harassing you, or send them a letter asking for the same else you will hire a lawyer to go after them.
 
E-Mail is enough keep the Printout even if you loose the E-mail. Also if he has not paid you ask him that salary. He is trying to scare you. Just scare him back. Send a copy of August memo on AC-21 to him.

I know a person who told his employer that he would sue him for the mental harassment for making such statements.
 
sunnyday20us,
As 140_takes_4ever told, I think you are perfectly on a good ground.
Don't about the agreements which you wrote to your employer four years ago.
As tammy2 said scare him back. Always offence is the best policy. I will suggest you to go one step further.
Find out all the cases of your employer where he has on the wrong side of the law. And you threat them back saying that you will expose all of them.Also tell your employer, people who live in glass houses should not try to stone at others , as that will collapse their building in the first place.


-rajum
 
First of all it is not off-topic. Many in this forum are in the same boat. Give us a hint the name of this company and you will find many supporters.

Hope all ends well in your favour.
 
Originally posted by sunnyday20us
Hello,
Iwas with a consulting form for 4 years. got laid off since no project. After a few months got a contract with a same client . Joined them. The old employer came to know and tell its a breach of agreement and will take legal action against me.
Any idea of how can I move on this case?
Also he is going to cancel my gc application (completed 20 months of I-485).
Click to expand...

Need to clarify 2 points :

1. You cannot be prevented from being employed by any company, even a competitor, even though there is a signed agreement
2. If your employer wants to prevent you being employed by a particular company (client, competitor, etc.) then just an agreement (even if you sign it) is not enough. The burden of enforcement is on your employer. To enforce the agreement (employment with client or intellectual property agreements) your employer has to pay you the salary of the new job for the period over which they want to enforce the agreement. If a salary is offered and you had signed the agreement, then you have to honor the agreement by not working with the parties mentioned in the agreement.

You are fine since, your employer had never offered to pay you the current offered salary for you to not work for your client. Sounds like the HR people of your ex-employer are incompetent.

This is what you should do - talk to a competent EMPLOYEMENT lawyer.

A stern letter from your lawyer to your employer clarifying the law (and threatening a lawsuit for harassment) will keep them from snipping at your ankles
 
Thanks for the all the replies.

Actually, I found out from my friends' friend that if the employer FIRES an employee then all the agreements stands void.That was my case.

And also , I was without job for 2 months once he fired me, worked with another consulting for 2 months and then got a contract with the same client through their supplier.

My ex-consulting firm does not directly interact with the client. He has to go through the middle guy.

And above all I was the one who found this contract for him in the very initial stage.

The consulting firm is based in New York,NY.
 
You must log in or register to reply here.
Top