Breachment, Non-Compete Agreement
I'm a H1B S/W consultant. My H1B holding
company is based in NJ. After 15 days of
my entry in US I, was placed in CA through
another middle level company at client
place. My resume was manipulated for
getting the job by my employer. After
one month of my joining the company, my
H1B holding company forcefully asked me
to sign a "Employment confidentiality and
non-compete agreement", if not my payroll
will be stopped. I had to sign it as i had
no other go. After working for the company
for 7-8 months, I was offered a job at the
client place, which i took after prior
notice to my H1B company and middle
layer company.
After two months i was sent a notice by
a lawyer (representing my H1B Co), that
i had "breached of employment,confident
-iality and Non-compete agreement".
They ask me to stop working for the
client immediately, if not they are
going to take legal action against me.
Before joining the client, client told
that they had a "Contract to Hire from
my middle layer company".
I request u to advice me in this
situation. What are my options?
How should i proceed?
Answers (1)
This sounds rather complex, and needs a lot more explanation to fully understand.
The bottom line, though, is that is this is all centered in California, the California Courts are rather hostile to noncompete agreements. It sounds like the H1b company will have a hard time looking good to a Court if they manipulated your resume. Also,if you took the job on reliance that your new employer had such a hiring agreement with the H1b company, you may have a right to require them to indemnify you.
Please call me if you wish a consultation.
Abraham Goldman 800 945 9446
(Northern California)
posted by Abraham Goldman | Apr 24, 2001 11:08 AM [EST]
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