Is Non-compete enforceable in state of Illinois ?
I came to US on company A,IL in Feb'07.
I was pursuaded to sign an employee agreement and non-compete agreement.
Finally through my efforts i got a project and it started from April'07.For this project company A had a contract with company B which inturn had a contract with company C.
*** ( Company A -> Company B -> Company C -> Client ) ***
Finally at the client place I was representing company C.
In the month of Oct'07 i changed to Company C.
Now company A has sued me for 'breach of contract' and asking to the tune of $62000
Some facts :
1. I wasn't paid for month of feb'07 and sep'07.
2. I've the timesheets which were submitted to company A
3. Since i was from 2004 H1b quota, my visa was expiring on Sep 30 2007.
I had to extend my H1 and two H4's and I had spend myself for extensions.
Legally is it the employer's responsibility to extend the visas ?
4. For company A , none of these are direct clients - company B, company C, Client.
5. I've spend myself the airfare expenses. Should they be considered while suing employer ?
Can i counter sue him on above facts ?
I've DOL number as 1 866 4 USA DOL but unaware how to report to USCIS
Thanks
nbharath
I came to US on company A,IL in Feb'07.
I was pursuaded to sign an employee agreement and non-compete agreement.
Finally through my efforts i got a project and it started from April'07.For this project company A had a contract with company B which inturn had a contract with company C.
*** ( Company A -> Company B -> Company C -> Client ) ***
Finally at the client place I was representing company C.
In the month of Oct'07 i changed to Company C.
Now company A has sued me for 'breach of contract' and asking to the tune of $62000
Some facts :
1. I wasn't paid for month of feb'07 and sep'07.
2. I've the timesheets which were submitted to company A
3. Since i was from 2004 H1b quota, my visa was expiring on Sep 30 2007.
I had to extend my H1 and two H4's and I had spend myself for extensions.
Legally is it the employer's responsibility to extend the visas ?
4. For company A , none of these are direct clients - company B, company C, Client.
5. I've spend myself the airfare expenses. Should they be considered while suing employer ?
Can i counter sue him on above facts ?
I've DOL number as 1 866 4 USA DOL but unaware how to report to USCIS
Thanks
nbharath
