Urgent Employment contract- advice

M

makaman

Registered Users (C)
Need your advice. Please help.
Here's the full story

A-Employer , b- middle junk, C- middle junk, D- client.

I was employed by 'A' and was working for for A->B->C->D (client). i signed non-solicitation for 'B' while joing 'D'. I left the D-Client without two weeks of notice (i had to give min two weeks of notice ) .

'B' is yet to pay 'A' 2 months of my last billing, A- is yet to pay my last bill..

We (Myself and A-my employer) tried reaching 'B' for the payment when failed. We tired reaching C and D. Now I got the notice from B for breaching the contarct they are draggin me to court.
I am pretty sure B and c has got all the apyment from D. What do I do now. Does anyone has any info on attorney who can help me with this???

Help is greatly appreciated. Please it is urgent

Thx
 
If you are on a H-1 visa, your employer has to pay you the salary mentioned in the H-1 petition. Recently a few companies have had to pay back wages as they were not paying their employees.
 
There is no hard and fast rule about a 2 week notice. If D wants to kick you out, D wont give you a 2 week notice, D will give you a 2 min notice. There is nothing called 2 week notice in consulting. If you gave your 2 week notice, it means that you are a gentleman and you are being professional and giving client time to workaround the tasks assigned to you. As such 2 week notice is only given by employer to employee in case of layoff and for a h1b employee, the employer need not even give a 2 week notice. Employer can pay 2 weeks salary upfront and fire you in a min. A h1b employee is considered to be out of status the day the employer decides not to pay the employee anymore and stops payment. For a h1b employee 2 week notice also need not be given. If you want A to pay you the money and A is not paying you can get back wages but I am not sure how you can maintain a good relationship with A if you fight with A and they are doing ur GC. If B is not paying A, it is inbetween B and A and B HAS TO pay A for the services. About non solicitation agreement, I am not 100% sure about the content.
We must have a website that lists all such junk middle layer companies AKA blood suckers or parasites.
 
Many questions

markaman

A had agreement with B who had agreement with C who in-turn had agreement with D.

As far as you are concerned, you are an "employee" of A. (it is another matter about your H-1B status and immigration laws).

A's contract with B possible had Non-soliciation clauses preventing A to directly contact C or D. Read the language - is it C or D or both? What does it specifically indicate?

Also, did the contract had "timely" payment or non-payment clauses? Many contracts have clauses where A can stop work due to non-timely payment by B. If you had such clauses, you may not worry about the 2 weeks notice. Your 2 weeks notice is the least of your worries.

Also, was A's contract with B back-to-back, meaning was there anything which tied A's payment to money B would have received from C or D? If such clause was not there, B is liable to pay, whether C or D paid B or not.

(As an "employee", you are liable to get paid whether A gets paid or not. However, you working in the post suggest you may be an independent contractor, whose h-1B happens to be with A and you may have some arrangement about how you will get paid - i do not know whether this is legal or illegal).

Regarding you contacting C or D for finding out about money, you can ARGUE it was not for solicitation but for fact-finding for non-payment. You can argue A did not breach the contract. Also, you worked for D, you already were "IN CONTACT" with D - again check the language of the contract.

Also, why is B sueing you and not A?

Have you or A thought of countering-sueing B for non-payment? I would counter-sue B for non-payment.
Usually, counter-suits makes other party see reason and come to negotiating table.

Regarding Attorney's - get a contract law specialists or a corporate lawyer for your dispute with B. Your local chamber of commerce will have list of reputed attorneys. Your company, A, may have a corporate counsel itself.

Regards
GCStrat :)
 
Disclaimer..

Looks like my disclaimer did not come through.

Disclaimer:

I am not an attorney. Use any information at your own risk.

Regards
GCStrat :)
 
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