Employment contract

I am currently on H1B visa working for the company ABC. In my employement contract it is mentioned that I cannot directly join competitor or Client for 12 month after I leave the company?. Is this applicable in the state of NY/NJ. Also in the contract it is mentioned that I will get raise every 6 month but they gave me raise only twice in the last 3.5 years.

Thanks
Ken

1 answer  |  asked May 31, 2005 12:38 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
No raise

Whether a non-compete provision is enforceable depends on a lot of things, beginning with the exact wording of the provision itself.

Similarly, whether the employer might be liable to you for failing to give you a wage increase depends on the precise language of the contract.

You need to contact a qualified attorney, make and appointment, and have that attorney review the agreement.

Your situation really demonstrates why non-compete provisions can be so pernicious. They box you in. If you leave because the employer isn't paying you adequately, you risk being sued on the provision. If you stay because of the provision, the employer feel it has gotten you, and will feel free to underpay you.

posted by David M. Lira  |  Jun 3, 2005 07:39 AM [EST]

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