Indian IT Company Bata Rajinama
Sathiharu recently maile auta client ma kaam gardai thiye ani fte ko offer ayo. GC bhayekole maile liye ani mero consultancy lai 2 week ko notice diye. mero employer (emp) ra end client ko bech ma auta vendor pani cha. Hijo matrai mero emp le 2 weeks notice hunna 4 weeks ko chaina bhanera bahnyo ani maile tyo client sanga kaam garyo bhanye breach of contract huncha bhanera bhanyo. Auta lawyer ko pani email ayeko cha yo barema. Pahilo kura maile contract paper bhanera khas kei sign gareko chaina, suruma join garda offer letter ma sign gareko thiye tesma khasai kei lekheko thiyena, 2 weeks notice dinu parcha when leaving and so on, non consent ko solicitation ko barema kei thyena. Tara tyo lawyer ko letter padera,date dekhye ani maile history ma herda mero h1b renewal ko time ma tesle same offer letter ma wordings haru thapera pathako raicha jun maile ramrai padeko thiyena ani sign garera patha natra h1b renew hunna bhaneko thyo so maile pathaye. Tesma chai 4 weeks notice ani aru kura thiyo. Yo barema client ko managerlai ni sabai bhanye usle aba mero decision ho ke garchau bhancha. Client ali mero employer le kei garna sakdaina, kina ki usko vendor sanga business ho bhanyo. Tyo lawyer ko letter ma if maile aile nai feri mero purano employer sanga join garchu bhanyo bhane sabai kharij garchau hami bhanera lekheko cha.. legal kura sojho buddi le kaam garena tesaile kei suggestion paye dherai apricate garchu. Arko kura mero paisa ajhai clear bhako chaina bhaneko jasto raise ani relocation ko paisa deko chaina.
Rule # 1 - Read the fine print
I believe in your condition if you join full time with the company the maximum they (consultancy) can do is probably block your pay check because you're not giving 4 weeks notice. So think about how much you will loose monetary and how good is the full time option. Make a judgement call.
Other thing is , I'm not trying to exaggerate here, I have in the past sued one of the consultancy and have won the case. Even after I won the case the dhoti was trying to threaten me to counter sue, I said fuck you.
Dhotis always try the scare tactics, this is in their DNA, do not get scared , EVER !!
PS: By running the consultancy with all the fake resumes they are in fault first. If they threaten you tell them you will report about their business activities to the local DA's office.
Emails from layers don't mean anything. You have to be served directly on paper. They are using cookie cutter tactic. I wouldnot worry. Non competes are very hard to enforce anyway.
char week nai di-deu na ta 2 weeks ko kura ta ho. Bhani deu maile auta ramo offer full time paye so maile chodnai parne badhyata ayo. Be nice about it , j bhaye ni timro h1b / GC gardia raicha. Testo saro nisthuri ni hunuhunna.
binaya_nyc, maxpayne, ani fdpower - really appricate your feedback. tapaiharule bhaneko jastai garchu.. daraune haina.
@fdpower - milisakeko kaam lai feri futkina ber chaina.. sodnu ta sodeko ali garyo hola bhanera bhanyo. GC garepani paisa ta majale tireko cha plus pay ustai ho ni.Tyai aba lawsuit parla bhanera matra daar ho.. tesatai dhamki airakheko cha email maa.
1-2 din dekhi phone nauthako.. laywer haru lai ni cc garera aba lawsuit tira lagnu parcha bhanera email pathako cha..paila ko pay raise haru maile pako chaina.. aba lawyer ko sallah liu ki ke garum bhayo
Mero suggestion ma ta talk to them , come to a conclusion. Don't talk over the phone , always email. Tell them due to unforeseen circumstance you will have to leave. Or tell them the environment you are working is hostile and not workable.
If it's not a big pay raise I do not see the point of leaving them, ask them for a raise and tell them, you will need the raise.
Reply to the email stating, That they made you pay for the GC which is illegal and will work if they you pay back the amount you paid for the GC.
Always use email...no phone conversation. Do not admit anything, do not agree to anything or incite anything.
Hi,
They can't do shit. You can just walk away from any job with no notice at all. The only thing they can do is not give you a good reference in future. I wouldn't give a flying fuck about reference. Now this is regarding quitting. But if there is a conflict of interest working for this new company, it's a different story. For example, the new company is a customer of current employer and you are contractually bound to not work for any of their customer due to trade secrets or other similar reasons. Also look at your states law on quitting. State law can override any mickey mouse contract. Like someone suggested earlier I would keep record of all communication and conversation. Telephone, verbal conversation doesnt mean squat. Its all here and say. Hard evidence of written communication is what matters. Honestly, I would scare the shit out of them by telling them that you will be seeking legal action against them for all sorts reasons like threat, extortion, lunch hours, breaching labor code, unpaid overtime, making u pay for application and tens of other things you can come up with. In Trumps USA, that would scare the bejesus out of them.
Ciao,
I had same issue. I didn't tell my employer that I was trying to go to FTE. I told them I had to go to Nepal coz of family emergency and wont come back for next six months. I reigned from consultancy, Never Went Nepal. Switched company without any trouble.
I also had those conditions on my contract. I knew dhotis will gave me headache and glad I avoided that shitty situation.
@chinday.. tapaiko idea sahi lagyo tara ke garne dhoti le game khelcha bhanera sochena..
aile samma ta kei reply ayena tyo sue garne bare.. tara mero last pay chai ayena. tesaile Asti ko hafta email garye yo yo date ko pay ayena bhanera.. reply diyena.. aba ke garda huncha hola? department of labor ma janchu bhanera bhanum ki ke garum sathiho..kei idea dinus. dhanyabad
Last edited: 21-Nov-17 12:52 PM
asti ko hafta mero last pay payena bhane DOL ma gayera complain garchu bhanera pathako.. aja reply garyo. maile contract breach gareko le paisa deduct gareko ho.. yo barema kei question cha bhane attorney lai contact gare huncha bhanera bhaneko cha.. ke garum hola?
@ghambhir: Tan m00ji ke doodh khane baccha ho ki k ho? Yesto situation maa k garnu parcha bhanera teti pani sikaunu parcha talai? Kasto gay jasto naamarda manche rahechha.
@paadman bro darro risayecha.. gay ko kura haina bro.. feri mistake hola bhanera ho..kta harule suggest gareko anusar 2ta option cha lawyer, or go to dol..auta lawyer sanga contact gareko..gc fee pay gareko le DA office janu pardaina civil case ho, case evaluation garnu parcha then will see how to defend bhanyo.. maile hold ma rakheko chu. DOL gayera paisa aucha bhane definitely janchu. tesaile suggestion lina khojeko. btw i understand ur reaction..never been to this type of situation so trying to follow right path. nepali ko choro ho kasai sanga jhukindaina.
Last edited: 27-Nov-17 04:43 PM
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