Mailey client join gareko bhayera mero dhoti company ley malai mudda halchu bhaneko cha.. dus din bhitra... Malai auta chithi ayeko thiyo USPS bata stating that .. 10 din bhitra
a) Ma kaam chodu
b) Uslai 30,000 bhujhau rey contract breach gareko bhayera...

Mailey 2 barsha aghi contract ma sign gareko theee... abba 2 barsha pachi tyo contract ajjhha valid huncha rey.. testo ni hunchha...

K ma jindagi bhar ttyo sanga basu?? K tesley malai sue garna sakcha..??

Malai auta NJ tira auta ramro labor/employment  lawyer chahyyeko cha.. anybody can help me? Better if a lawyer who's worked on this kind of situation before..

Ma K garna sakchu

Keep it your document and seek a legal opinion (especially from labor lawyers). It may cost $75 to $ $100 per hour in person or phone consulting rather than wasting the time in the discussion forum.

However, there is straight forward policy against such types of practice made by the consulting. They may faced higher risk. They can't do anything. But make sure that keep all your papers, w2, contract with you before taking the appointment with lawyers.

Be worry free. Nothing he can do for you, if you haven't signed any individual contract beyond jobs matter.

 

I believe the question he is asking is can he join the client company that he was working for through the consulting company. He is not talking about at will contract. He is talking about non-competition contract in which you can not join a client company that you know of due to your relationship with your original company.

This is the thing you might want to investigate or take a lawyer's opinion. This could be a thing that may go against you depending upon the situation. If your consulting company doing a lot of illegal things, then they might not pursue it. However, if they are running like a US based company, then they can certainly come after you.

 

All states have their own version of labor laws, what state are we talking about here.  If you leave a employer to join their client, same state have a law against it. If you are just leaving the employer to join any other business, mostly you are safe, despite the term mentioned in the job offer/contract letter. In your case I would consult a lawyer. Situation would be worse if you are on H1, USCIS might withheld your H1 transfer as well. Be on the safe side, get a lawyer.

'' jun thaal ma khayo tehi thaal ma thukne/....'' vaner doti le dhamkayeko matra hola .... !

EVEN if the labor law at his state makes him to stay bound within the contract norms, it voids when the contract period is over. He is clearly saying his 2 year contract period is OVER. What is this long discussion for?

Uh oh, I might have misunderstood. Was it a 2-year contract you signed?

There is nothing such as bonded labor in USA. Everything is 'at will' - i.e. either party can terminate whenever they want..

So no need to worry at all. I have similar experience in past.. NO ONE CAN FORCE YOU.

Ask that dhoti how many H1Bs are not in payroll. All dhoti companies have unpaid H1B holders. If anyone informs INS about this he will be in a big shit trouble.

By the way what is that company? Please put the name of the company here.

Pret Atma, Usually the non-competition contracts have time limitation. For example, if you are working for B as a consultant through company A, usually company A stipulates that you to not work for company B at least 1 year or whatever time stipulated in the contract. As per his post, it implies that he was working for B as a consultant through A and left company A to join B. This is clearly a violation of non-competition clause. Even though your contract might have expired a year ago, it may be effective for non-competition clause. That is why you need to talk to the lawyer.

As Dhoti_Prasad has said, if that company is doing illegal things, you can counter threaten them to shut them off. If you do not have those weapons, you could be in trouble. I would check with the lawyer. This is just my opinion. United7 bro, good luck to you.

Purush,
What if the scenario is as below
1. United7 was employed by Company A ( H1-B/L1/GC etc.. from company A) / One year/two year what ever that was is completed
2. Corp-corp with Company B ( Company B here is the Vendor )
3. Work as consultant for Company C  through B ( For C United7 is employee of Company B)
So for A client is B not C, for C A does not exist. So in that case is there a violation of non-competition clause?
Ani ke tyo mula dhoti ko ma jiwan bhari kaam gari rakhnu parne .. waiaayt , there's gotta be a nice and simple way out of this. I would say knock the door of Labor Dept

Good to see you back Hyperthread....how are things down there?

Sid

I will go with Purush's notion of Competition Law. The type of contract you had signed during the employment offer acceptance plays a vital role. I have  a feeling that the contract had a competition clause. A competition clause, in general terms, forbids the employee from joining a client company, if the company is currently in a direct corporate relationship with the client company. e.g. If the contract said that the employee may not join a client company for 2 years upon leaving the company, you may not join them. They may be able to initiate a suit against you.

But again, state laws may be able to protect you as some states do not entertain employee-employer contract as the job is based on at-will basis.

Best option is to see an employment/labor lawyer immediately and assess your position. If the company is not found to have any claim against you; you may be able to file a suit against the company for harassment and infliction of emotional distress. [Disclaimer: Not to be taken as a legal advice. :-)]

Good to see you too Sidster
      Things are going fine ...  this dhoti thing is going to trouble all Nepalese  in some way ....
As stated in above scenario, Dhoti Company A is not related to Client C, B is the Client of A and C is not. So does this notion of competition law applies here? I do not agree to the fact that C is a client of A, tara maile namanera bhayena ...ke garnu

Hyperthread, the situation that you have mentioned is quite different than what United7 has mentioned. His case sounds like a direct relationship. If the relationship is indirect and if your employer can not establish a business relationship with the client company, he will be fine. However, if the employer establishes that there was a business relationship with client and if it establishes that the employer has to give up the revenue it was making from that client due to his joining the client company, he could be in problem. I was googling a little bit about it and found out that in California a non-competition contract is void. If that is the case, he is still fine but you need to find out the law in your state.

Just to answer your question whether he has to be a slave of dhoti company, he does not have to be like that. He can leave anytime he wants but he can not take away the business of his present employer by joining his client company. It is related to just one company that you have been working for as a consultant. You can leave for other millions of companies. I am trying to explain the non-competition contract to the extent of my knowledge as a business student and professional. It is not a legal advice.

 

A bhaneko client
B bich ko dalal
C dhoti

ma client(A) ma B( dalal)  through kaam gari raha chu..A lai thaha chainna C cha bhanera.. Tyo subcontract ho.. Ani mailey A join garey....  tesh bhaye C ( dhoti) ko client A kasari bhayo ?
B and C ko contarct cha keee A ley malai chayo bhaney hire garna sakcha bhanera....
Mero ra C ko contract ma client ko ma kaam terminate bhayeko 1 barsha samma ,  ma tyo client ko ma pheri kaam garna paunna bhanera...

arko kura contract k.. yo contract mailey 2-3 barsha aghi sign gareko thiye..dhoti bhancha yo contract afai renew hunchha reyy... khoi kasari ho...

Mero dhoti sanga w2 ho

help garu sathi ho

United7, Based on your new information, I kind of think that you are fine. In a situation where company B (dalal) comes after company C (dhoti) for your joining to A, you could be in problem. The situation is different since the client A is not C's client but B's and B is cool with it.

Anybody who should be concerned about your joining the company A is company B who will be losing the money. Based on the contract between B and A, it can fairly be assumed that the contract between B and C does not have a non-competition clause. Otherwise, company B would not do such a contract with A. I am now convinced that you are in a strong position but still you better take a lawyer's opinion. I believe the dhoti company does not have a strong case against you.

Why don't you call / e-mail and threaten that dhoti telling him that you will take a legal action against him instead for harrassing you? Looks like dhoti is trying to make some money by scaring you.

Where the hell is United 7

We are speculating scenarios without the guy with the scenario

You are in safe side, but get  a piece of mind  paying 75-150 to a labor lawyer.

If you are breaking any legal contract, you may be sued.

As said numerous times already in the thread go see a labor lawyer. 

Just to add to the discussion, I was working in a engineering firm with two partners ( a partnership venture between Indian and Chinese :D ).  The Chinese decided to quit and open his own business in the same field and the same city.  There was some non-competition contract when they opened the company.  The Indian came to the same scare tactics and send a letter to the Chinese saying he can't open a business in the same field and city owing to the non competition clause.   Turns out, if you decide to hold someone for the non-competition clause and stop them from doing business/working in the field, there is some kinda law which says that you will have to pay their existing income. 

I don't know the law but the logic as we understood back then is that if you are an expert in a field and make your ends meet by working in the field  and when you are barred from working in that field , you have no way to make ends meet.  If someone tells you that you can't work in the field of your expertise, he has to pay you your monthly wage till you start working in some other field (who is crazy to work if someone is paying for not working).  If you are not paid and you can't work in your field of expertise you die of hunger and in the US there is no law that would make people die of hunger.

Damn, I didn't intend to write such a long story.  Anyways, the bottom line is that you don't have shit to worry about.  Find a lawyer and counter that India, better sue him for all the metal anguish you are going through because of his insane letter and intention to stop you working in your beloved field of passion.  Just to add to the length, the Chinese suggested me to get a Jewish lawyer if I ever wanted to get something legal done efficiently.