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sankar_203 04-21-2008 11:32 AM

Ur fine
 
i guess ur fine. My collegue here won similar case in NJ. I am sure they'll pay u if u put little pressure on them. I would think twice before i report him to DOL & DHS only the reason being it might affect all other employees that are currently working for your previous company. If they don't pay u, i guess u have no choice to go for a fomal complaint.

raj2007 04-21-2008 04:34 PM

Quote:

Originally Posted by kg318 (Post 241222)
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven´t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs

Can you get the copy of non-compete agreement from other coworker?
You should have copy of any agreement or any paper you sign with employer.

eastwest 04-21-2008 04:50 PM

Get it in writing
 
Here is what you do,

1. Do not talk to them on phone
2. Send them a letter stating keeping your salary is against law. If they think you owe them the money, send you a letter explaining why they think the money is owed and how much, state that filing of labor is a cost to the company and not to the employee as per DOL
3. Give them a time limit of 30 days.
4. Ask them to send all the correspondence to your home address.
5. Send them a letter with some kind signature rcpt.

Wait and see, If they have a real claim then they will respond to you otherwise they will send your money.

gcbikari 04-21-2008 05:40 PM

Careful
 
I have a friend who got offer like u. He is cautious and paid $350 and met an Employment attorney re. non-compete. If u work at same desk and perform same duties as with ur prior employer, attorney told it comes under violation (as per his aggreement, if it says 'directly or indirectly' ). If they sue you u have to pay the loss and leave the job. The question is will ur employer Sue? He might get sued back for violations he did like missing payments to you, and many other dirty tricks to save money!!

The more u know the more complicated is non-compete, search online forums on non-compete. u can also consult some attorneys online.

Easy way may be talk to him and try to settle. Otherwise ask for your agreement and get it reviewed by an attorney.

vinabath 04-22-2008 12:31 PM

Quote:

Originally Posted by obviously (Post 241337)
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

Sabre rattling might get you out of this one, but the world still remains a small place!

I agree with this post. Solve this amicably. Non-compete clause is a strong one and is one-sided.

If you are worrying about 4k you are worrying on the wrong thing. You need to worry about the non-compete.

nitkad 04-22-2008 12:48 PM

Quote:

Originally Posted by kg318 (Post 241317)
hi guyz,

Here u go. The company name is 3i Infotech Inc. based in NJ.

As far as I know this is a genuine company and not a typical small desi company.
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

As far as experience letter, they have to give it.

Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.

Gravitation 04-22-2008 12:51 PM

Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.

The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.

If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.

If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.

NKR 04-22-2008 01:44 PM

I understand if the companies want to protect their business. Let’s say that X works at a client place through a vendor. X’s employer has an agreement with the vendor which says that he cannot employ his employee, the vendor has an agreement with the client which says that they cannot take X through another vendor.

My question is there a validity period for these agreements beyond which it becomes invalid. A couple of years should be ok but it is frustrating to be bonded to some employer for years because one doesn’t have freedom to move around and be with the same client.

JA1HIND 04-22-2008 02:29 PM

of course it is desi
 
Quote:

Originally Posted by pointlesswait (Post 241345)
File a BBB case..but make sure you are absolutely sure Company is at fault...if its just money..
i guess u have to take a "hit".. but if they have violated ur rights in any way..u should pursue all possible options of getting justice.

is that a desi consultant!
I think we need to create a site of all desi consultants and rate them.. discretely.;-)

I am sure below copied my URL will help lot of other folks who would like to know how much employer list $$ amount in their individual LCA, who is the owner of the company, how many LCA are filed from this company for that year etc...:D

in the employer field, search by "employer name" and see the magic...and once you get to the details section look for " designated_first_name" and " designated_last_name" will tell you who the owner of the company is some more details of your interest....LOL!! :p

http://www.h1b.info/lca_search.php

americandesi 04-22-2008 03:21 PM

Quote:

Originally Posted by kg318 (Post 241222)
I work for company A which sent me to client C through company B(Prefered vendor). After working with the same client for 1.5 yrs, transfered my h1b to company B(PF) due to issues with the pay with company A. Company A has deducted huge sum of money($4000) from my last months pay towards PERM filing(Still under process). Upon demanding them to reimburse my money saying that its against law, they r threatening me saying that based on non-compete agreement they will take legal action against me.
I am not actually aware of the clauses in the agreement. company B(PF) told me that it does not have any clauses in its agreement with company A prohibiting them from taking me.Though i requested company A to provide me a copy of non-compete, they said i signed with them, they haven´t. The company is located in NJ and not sure how non-competes work under NJ state law.
I am really frustated upon this blackmail and going thru lot of pressure. The amount is too big too leave and cannot afford to hire a lawyer in case they file suit based on non-compete. even if i had signed a non compete agreement how does it stand as it is conflicting the agreement which company a signed with PF sayign tht upon my termination of the emplyment with them, Pf can take me without any gap period... what can i do to get my money. they also refused to provide me with experience letter which i need for my future GC filing.
Plz give me ur valuable inputs

Restrictive employment contracts are non-enforcable, atleast in California. Here's a classic case of a H1B employee who successfully sued his employer on a restrictive employment contract and the employer was ordered to pay $215,050.61 in damages.

http://www.news.com/Body-shop-must-p..._3-256477.html

Also note that all PERM related expenses should be borne only by the employer. Refer the following link and search for "Certain Payments are Employer's Expenses under PERM" and "Employer Must Pay even with Dual Representation "

http://www.murthy.com/news/n_filrem.html

puvathoor 04-22-2008 03:28 PM

Be Bold...
 
If I were in a similar situation, I would be leaning towards taking some action so that they know that they cannot step over the rights.. If they employ a person, pay him as per the law. If they decide to file for GC, then the employer needs to pay for it, per the law.

The problem with walking down the slippery slope of being amicable is that the boldness to stand up for the right thing also starts slipping away.

I like the idea of writing a letter and reminding them of the law. Even if you might not gain (forget the $4Gs for a sec), you will be making the path better for everyone behind you. And that, my friend, is an excellent thing.

vinabath 04-22-2008 04:16 PM

Quote:

Originally Posted by Gravitation (Post 241703)
Non-compete are notoriously hard to implement.


Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.

gc4me 04-22-2008 04:53 PM

Miss obviously,
either you have a chicken heart or you are a silent partner of a blood s#$king deshi consulting.
kg318, this is your money and you earned it. Don't give these suckers any option to suck your earned money. Charging for GC process in any stage is totally illegal no matter which state you are from. It is DOL and USCIS policy not of a state.

I see some people trying to talk here in favour of employers straight or some times using curves. Remember kg318, there are members here who have consulting company ties and who here talks for them as well. Be judgmental.

Quote:

Originally Posted by obviously (Post 241337)
kg318... from your initial post you indicated that you "demanded" money back and noted that Company A's practice was "against the law". Now, they are using the same law against you. Not saying it is fair or pretty. Just remember, what you sow, you shall reap.

It is generally poor practice to go for gung-ho activism in a situation where you are unclear about the law (e.g., non compete) and unable to get good counsel (e.g. immigration and business law attorneys).

Just keep this in mind. Long term, your peace of mind is worth more than $4K ... just think if there are other ways in which you could have handled this.... in case such event pop up again.

If I were you, I would have a civil conversation with that company. Tell them that economics took over empathy, that you wish to be in a position where you have less financial loss and would appreciate an amicable parting of ways.
It's a small world out there. Dont pi*s on anyone, lest it come back to wet your backside!

Sabre rattling might get you out of this one, but the world still remains a small place!


kg318 04-22-2008 06:13 PM

threatening others as well.
 
Quote:

Originally Posted by nitkad (Post 241700)
As far as I know this is a genuine company and not a typical small desi company.
Did you sign some paper saying that you will reimburse the GC costs if you leave the company? If it was signed before the GC process started then it is not against the law that the company is holding back the $4K. This is a big company and I don't think the $4k matters to them much.

As far as experience letter, they have to give it.

Also, sometimes we get mad at the company even though its our own mistake. So, before filling anything with the labor department, make sure you have not signed the papers. By reporting them you are basically giving trouble to others who are in GC process through them.

i haven't signed anything related to GC filing. even it came as a surprise to me that the company is making such a big fuss for the matter of $4000. And recently came to know that its not just me but there are several other consultants being harassed by them upon leaving the company. Even after years of working with them, they still want to have them hooked and are depriving the cosultants of better living. how justified is that????

kg318 04-22-2008 06:37 PM

Quote:

Originally Posted by vinabath (Post 241782)
Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.

I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!


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