Problem with X-Employer - Need Suggestion

T

techiGuy

New Member
I came to US in Feb 2008 through small consultant company (Let's say: A) on H1B visa. In April, I got a project for 6 months at client location (C). There were also 2 middle vendors between A & C (Like: A> X>Y >C). After 7 months I transfered my H1 to the middle vendor (Y) but working with the same client (C). Now, the problem is my x-employer(A) has not paid me my salary for 1.5 months. He said, according to the agreement I can't work for the same client directly or indirectly. If I am working with same client then he will not pay me my 1.5 months salary and he will file a complaint against me to breach the contract. Can anyone give me any suggestion, what should I do in this case?? Thanks!!
 
If you are in California such contracts are null and void! I do not know about other states. However threatening to report him to DOL for non-payment of wages may get you your wages.
Also in the scenario you presented, C was not A's client. A's client was X and since you are not working for X, I don't see the breach of contract he is alleging.
 
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Thank you very much fromnaija for your quick reply. It's a good point that A's client was X.
The client (C) is in california but the x-employer(A) in Virginia. Is still that contract are null and void?
Thank you very much for your great help :)
 
Here is the Restriction paragraph of employment agreement states “The Employee shall not, without the prior written consent of the Company, at any time during the twelve (12) month period following the end of the Term (termination of your employment), directly or indirectly, work for or provide services to any Client with whom the Employee was involved during the Term of this Agreement.”
How forceful is this statement??
 
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