Originally Posted by prasd
My friend had joined to Indian Consulting firm run by 1 Person and has/had 3-4 employees. She had signed one year contract with this consulting firm. In the contract (Desi Consulting firm’s) it was mentioned that
1) “She will be on the Probation for 90 days and then she will be confirmed after probation period”.
2) “She can not join Client or any other Vendor of the client for the period of 12 months”
She left this consulting firm on the last day of 1 year contract. Also her project ended same day. For example, she joined consulting firm on 1st Nov 2006 and the same day her project started. Her project ended on 31st Oct 2007 so as her contract with consulting firm. So she left the consulting firm on 31st Oct 2007.
Now the client want her back, the question is as per clause 2) she can’t join client until 31st Oct 2008. Correct? But as per clause 1) she is supposed to get confirmation letter after 90 days which she never got hence all the time she was on the probation. Is this voids clause 2)?
Can she join the client?
Please advise. Or please send your number.
Also she holds EAD.
Do not worry too much.
I did the same in the past, desi employer cried a lot and asked huge amount towards the damage. I asked him to send me an email about the loss. Obviously he did not send. So, I took this as a chance, I sent an email to him "As per our discussion, blah blah...", and CCd to my lawyer.
Not only he stopped calling me and also became a good friend.
That is the trick but during this time your friend should be brave and strong.
Nothing will happen. If you need more info PM me.