Urget help needed - Change of employment

[defleopard22]

Hi,

I was working with company A. Now, I am joining another company B. But, my previous company A has very tough conditions in their offer letter and penalty and damages amount for resigning before 1 yr.
Is it possible for me not to resign from the company A, but take leave for few months and work for company B.
And, company A is holding my previous salary. Will they keep my previous salary or will they have to pay me that, if I go on leave or resign. if resign, they ask for notice period of six weeks from my side. Whereas, they have to give only 2 weeks notice.
So, if I resign, they are going to keep my last six weeks salary towards my notice period.
Also, they say in their offer letter that if I leave before 1 yr, then I have to pay between 5K to 10K as the damages. Can they take any legal action wth regard to that. I was not continously employed by company A. They had laid me off when i was out of project and put me again when I got the project. And, they were again going to lay me off in 2 weeks.

Any help would be really appreciated.

Thanks,

Def.

 

[defleopard22]

Jaxen/Jef/anyone please help

 

[jaxen]

You need to consult a lawyer. I think that the break in employment might help your case. Although such restrictive employment conditions are hard to enforce , but generally H1 applicants give up their rights fearing long drawn fights.