Lonesurvivor
New Member
- Jurisdiction
- New Jersey
Hi All,
Before going to the issue, I would like to thank you all for your valuable advice.
Currently, I am in an ambiguous situation as mentioned below. I was working with my employer for the last 4.2 years. My H1B visa is with them.
In the last project, I worked for an employer E, through Vendor V and my client was C.
Employer (E) -> Prime vendor (V) -> Client (C)
After one year, I resigned from my employer and joined to the client (I have a valid petition with the client now). My Client has an agreement with the Vendor that they can hire a resource, that is a contract to hire (C2H) and my vendor doesn't have any terms with my employer, but my vendor and employer had a contract between them that they can't hire any resource among them.
After I send resignation, my employer asked me where I am joining and I revealed that I am joining to client honestly. Immediately after revealing that, they said I have a non-compete agreement (though I asked them to show it highlighted, still they didn't show) with them and I cannot join client. My employer doesn't have any contract to my client and they have only contract with Vendor and Vendor is the client is for them. so I am not joining to the client.
When I checked with the client they told they have C2H agreement so they can't do anything, When I checked with Vendor they told they didn't hire me its client who hired me so they didn't violate anything, but they are willing to help. So, at this point, I initiated a talk between my employer and Vendor. The vendor offered three positions, but my employer is asking for 20% of my base salary as reliving pay so that they can give NOC. These talks went on for a long time(my entire notice period) and it didn't go to closure. I've joined with the client now and now my ex-employer calling me and saying they will file a complaint or take action on me if I (or Vendor) am not giving money to them. I've again initiated the talk between V and E today but not sure where it goes.
Now my primary concern is
1) Do my employer can ask money to an employee is it legal?
2) I asked them to show the non-compete in my employee contract but still, they have not responded on that. I read the complete document and I am not able to find any clause. I am will to share that if that helps in answering the query.
3) Can my employer file a case against me?
My employer is in New Jersey and I work in PA.
Waiting for your valuable advice/suggestions. Thanks in advance.
Before going to the issue, I would like to thank you all for your valuable advice.
Currently, I am in an ambiguous situation as mentioned below. I was working with my employer for the last 4.2 years. My H1B visa is with them.
In the last project, I worked for an employer E, through Vendor V and my client was C.
Employer (E) -> Prime vendor (V) -> Client (C)
After one year, I resigned from my employer and joined to the client (I have a valid petition with the client now). My Client has an agreement with the Vendor that they can hire a resource, that is a contract to hire (C2H) and my vendor doesn't have any terms with my employer, but my vendor and employer had a contract between them that they can't hire any resource among them.
After I send resignation, my employer asked me where I am joining and I revealed that I am joining to client honestly. Immediately after revealing that, they said I have a non-compete agreement (though I asked them to show it highlighted, still they didn't show) with them and I cannot join client. My employer doesn't have any contract to my client and they have only contract with Vendor and Vendor is the client is for them. so I am not joining to the client.
When I checked with the client they told they have C2H agreement so they can't do anything, When I checked with Vendor they told they didn't hire me its client who hired me so they didn't violate anything, but they are willing to help. So, at this point, I initiated a talk between my employer and Vendor. The vendor offered three positions, but my employer is asking for 20% of my base salary as reliving pay so that they can give NOC. These talks went on for a long time(my entire notice period) and it didn't go to closure. I've joined with the client now and now my ex-employer calling me and saying they will file a complaint or take action on me if I (or Vendor) am not giving money to them. I've again initiated the talk between V and E today but not sure where it goes.
Now my primary concern is
1) Do my employer can ask money to an employee is it legal?
2) I asked them to show the non-compete in my employee contract but still, they have not responded on that. I read the complete document and I am not able to find any clause. I am will to share that if that helps in answering the query.
3) Can my employer file a case against me?
My employer is in New Jersey and I work in PA.
Waiting for your valuable advice/suggestions. Thanks in advance.
