View Full Version : Got offer with Client, Employer saying I should not Join
Venkat_175
04-06-2010, 03:40 PM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
looneytunezez
04-06-2010, 04:33 PM
pertinent????........ really? :cool: I would hope it is pertinent to what you do.....:rolleyes:
i think you should consult a labor attorney to find out if the "contract" is valid and enforcable in your state.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
desi3933
04-06-2010, 04:34 PM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
You should consider getting professional advice from attorney who deals in employment and contact laws in your state.
Non-Competition and Non-Compete FAQs by My Employment Lawyer (http://www.myemploymentlawyer.com/non-compete-covenant-FAQs.htm)
_________________
Not a legal advice.
sk.aggarwal
04-07-2010, 09:37 AM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
CRAZYMONK
04-07-2010, 11:49 AM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
Which state you are in?
hoolahoous
04-07-2010, 10:57 PM
I depends on you, how much risk you want to take ... I can tell what happened with me ....
Initially, I was working of a small consulting company and left them after few months. Although, there was nothing in the contract prohibiting me from doing this. But they filled a lawsuit against me for all fake things. I had to hire an attorney to defend myself, who was quite expensive. In end, I was forced to settle after paying like 10K, cost of lawsuit would have been huge. BTW, I did consult an attorney before leaving and there was nothing I did, which was not legal. But ultimately it just didn't make a sense to continue fighting it and spending 15-20K in attorney fees.
I do not intend to scare you or suggest if you should go ahead or not. Just that make sure you cover yourself
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Venkat_175
04-08-2010, 11:40 AM
It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.
Regards,
Venkat.
snthampi
04-08-2010, 11:50 AM
sounds fishy.. if there was nothing wrong from your side, you could have won and claimed all legal fee from your x employer
Agree. Definitely sounds fishy. Remember, there are a lot of consulting companies and lawyers are there in this forum pretending to be regular members and pushing their own agenda. I may be wrong in this case.
what happened? what advice did you get from your lawyer?
I know of a friend who was let go, and he cannot work for any of the agency that were clients of his consulting company.
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me Permanent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
looneytunezez
04-16-2010, 01:09 PM
Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.
so it all depends on your state.
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