My ex-employer is trying to take legal action in violation of the employment agreement.
I used to work for company A (NJ based) whose client was my ex-employer (DE). I was providing consulting services for my ex-employer (as a subcontractor). At the start date I was asked to sign a non-compete/non-disclosure/employment agreement. It looks somewhat like this:
Basically this is an agreement that has got Employee everywhere within it , when i was only a subcontractor.
After 8 months i was verbally offered a job by the ex-employer. I too took the job verbally and signed no documents..this relationship went for 2 years, I was placed at several high profile clients and was paid as an employee..At the end of the second year, I decided I had enough and resigned my job but continued to work at the same client (via another vendor). My ex-employer is now causing problems stating i violated the employment agreement.
First, he has been sending emails to both me and my client about this ..copying his attorney. Should i even respond to this ??
Second, the agreement was signed by me only as a subcontractor, I was not an employee at the time of signing the contract (i can provide evidence of invoices he has paid). Can he still use that agreement ??
Third, he has been abusing me (have email proof) and behaved like a jerk more often like a dictator that caused me to resign. Can i counter sue him for discrimination. I can provide several reasons with proof.
Fourth, he himself has breached the contract with my NJ based employer because he hired me directly. I had to use my good offices to avoid NJ company from taking any action.
Finally, the client is also dragged into this...Apparently they had also signed a non compete agreement that they recently realized they breached.
Now the big question is : What is the next step i should take ? I have not received any legal notification yet.
Looking forward to some useful suggestions and recommendations - Thanks in advance
I used to work for company A (NJ based) whose client was my ex-employer (DE). I was providing consulting services for my ex-employer (as a subcontractor). At the start date I was asked to sign a non-compete/non-disclosure/employment agreement. It looks somewhat like this:
Code:
AGREEMENT made as of <date> by and between <ex-employer> ("Employer") with a principal place of business at <locattion> and <myself> residing at <myadrress> ("Employee")
WHEREAS, Employer desires to employ employeee and employee desires to be employed by Employer in connection with certain aspects of software development for employer
NOW thereof the parties hereto mutaully agree as follows:
1. Employment clause
2. Confidentiality
3. Non-Disclosure
4. Possession
5. [B]Non-Compete - 2 years [/B] - directly or indirectlyBasically this is an agreement that has got Employee everywhere within it , when i was only a subcontractor.
After 8 months i was verbally offered a job by the ex-employer. I too took the job verbally and signed no documents..this relationship went for 2 years, I was placed at several high profile clients and was paid as an employee..At the end of the second year, I decided I had enough and resigned my job but continued to work at the same client (via another vendor). My ex-employer is now causing problems stating i violated the employment agreement.
First, he has been sending emails to both me and my client about this ..copying his attorney. Should i even respond to this ??
Second, the agreement was signed by me only as a subcontractor, I was not an employee at the time of signing the contract (i can provide evidence of invoices he has paid). Can he still use that agreement ??
Third, he has been abusing me (have email proof) and behaved like a jerk more often like a dictator that caused me to resign. Can i counter sue him for discrimination. I can provide several reasons with proof.
Fourth, he himself has breached the contract with my NJ based employer because he hired me directly. I had to use my good offices to avoid NJ company from taking any action.
Finally, the client is also dragged into this...Apparently they had also signed a non compete agreement that they recently realized they breached.
Now the big question is : What is the next step i should take ? I have not received any legal notification yet.
Looking forward to some useful suggestions and recommendations - Thanks in advance
