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summer2winter
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 Desi consultancy issue. Not to Compete of your employment agreement violations
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IT job Desi consultancy
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Posted on 03-12-14 6:05 PM     Reply [Subscribe]
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I was working for a desi consultancy firm. I got a job with client company with a vendor. I signed a employment agreement with them that says I have to stay with them for certain number of months and I cannot join the client company. Now, my client offered me a fulltime position as they were happy with my work(manager knows the truth), and i decided to accept it. Now, Desi's desi lawer sent me a legal notice saying I cannot take this position because I signed the contract. I am in OPT and the A do not hold my H1b as well. Can they take legal action in this case. Did anybody faced this issue. What should i do? hire a lawer? what are my options? Thanks in advance.
 
Posted on 03-12-14 6:54 PM     [Snapshot: 66]     Reply [Subscribe]
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Just tell desi consultancy, that u got fired.
 
Posted on 03-12-14 7:07 PM     [Snapshot: 91]     Reply [Subscribe]
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How about firing you from the client and then rehire you after 2 weeks?

OR

There is no agreement that is valid, as far as desi consultancy is concerned. They have mentioned so many things in the offer letter. Do they obey that?

Safe approach: Call your main person from the dhoti consultancy and politely request him to join the client. Make him believe that you will bring some more people like you in the consultancy and help him to repaid the void. Its all about exploiting the emotions....

Good luck
-Biratnagar
 
Posted on 03-12-14 7:21 PM     [Snapshot: 111]     Reply [Subscribe]
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Everything boils down to money.
You don't want to get in all these sorts - lawyer and this and that.
Also, you will me making much more with client plus benefits, paid vacations, insurance and all those....When you add them it will be much more...
SO try to solve with money...Offer them some money.....and get out of it...........
You won't find opportunities like this again and again..........where manager knows all.............

Believe me there are always some sort of contract with the client and the main vendor. You consultancy company is not always the prime vendor for your client. There might me someone else,and they usually have some waiting period before they can offer full-time. In your case it might not be...

If i were you, I would offer money to get out of it, and I know I would make that money with the client in the first year.

If you think you can handle the lawyer and all those 'jhamalas' and want to take chances go for it. Consultancy doesn't want to involve lawyer as well. In most cases they want to avoid. This letter is just to make you scare.
But I would not choose this route for few thousands dollar when I know I can make that difference with the clients and all the parks of being a legit full-time.
 
Posted on 03-12-14 10:19 PM     [Snapshot: 276]     Reply [Subscribe]
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Probably a termination of current position would help to believe consultancy that you are no longer working. I think manager/HR can write you a letter. Than continue as an new employee. Desi consultancy just making money taking advantage of students status.
 
Posted on 03-13-14 7:23 AM     [Snapshot: 377]     Reply [Subscribe]
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Thank you all for your suggestions.
 
Posted on 03-13-14 1:22 PM     [Snapshot: 503]     Reply [Subscribe]
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@ OP

those dhotis are just trying to scare you. If you are on OPT and not in H1B, trust me they can do nothing. I suggest you to go ahead and join the client. OPT means you can work for any employer unlike H1B.
 
Posted on 03-13-14 6:03 PM     [Snapshot: 613]     Reply [Subscribe]
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@summer2winter bro,

this is a great opportunity for you, accept the offer that the client is making. Desi consultancy is not going to do any thing because the chances are they will be in a big trouble. They are just trying to scare you and keep you with them so that you bring more money to them. Good luck

 
Posted on 05-10-14 1:05 PM     [Snapshot: 1063]     Reply [Subscribe]
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Hi Guys,

Thanks for your suggestions. My former client (current company) filed H1b for me and I got approved. Now I got into a different issue. They have filed a case against me in a court. They previously contacted me with a settlement offer for some xxxxx amount and gave me 30 days. I didn't reply nor contacted them. But,now since they have forwarded this case to court, what are my options? They are still agreeing on discussing the settlement. Should I try to negotiate with them or hire a lawyer and fight in court. I don't feel like going thru this mess.
Has somebody had similar experience? any suggestion would be appreciated.

Thanks


 
Posted on 05-10-14 1:54 PM     [Snapshot: 1095]     Reply [Subscribe]
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Dude I have told u before also, while you are in OPT you can work for any employer. How sure are you that they have filed a case in court? they must be trying to scare you only...but if they have filed there is no chance they will win because in OPT no company shall make u hostage.

But again if you are scared and don't want to go thru this mess, the choice is urs.
 
Posted on 05-10-14 3:14 PM     [Snapshot: 1179]     Reply [Subscribe]
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Since they have already filed court case against you..tell them you will notify DHS and USCIS about their company (regarding fake resume and experience ) and black list them..they will have to spend hell a lot of money to completely register new company and get the good will in the market..
 
Posted on 05-10-14 3:14 PM     [Snapshot: 1170]     Reply [Subscribe]
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There must an agreement in placed between your client and your employer company. There must a certain restricted clause to hire an employee from the client within a certain period of time (i.e at least one year period from the termination date). Normally, nobody will do business with client/vendor without signed agreement between two or more parties and placed a NDA [non-disclosure agreement- might be unilateral or bilateral or multilateral]. In case there is there an existing contract, it will then create problem for you- no matter what is your working status either OPT, CPT, H1, GC or U.S. Citizen. Why not request a copy of signed agreement from your client's manager, if he is aware of your situation and go thoroughly it.

There might be a paragraph/wording like:
Company (client) can't hire current or former employees, who again terminate employment, must have completed at least two years of service during the reemployment period to be eligible for prior service if rehired in the future.

Note: It's my two penny information, though I am not a lawyer.

 
Posted on 05-11-14 8:59 AM     [Snapshot: 1498]     Reply [Subscribe]
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As far I as I know in US, there is no such a thing called 'contract' between employee and employer. BUT there might me some kinda of contract between your employer (consultancy or next vendor ) and the client.
It is just like you working thru Kelly services or Temp services and they send you some place to work, that employer can't hire you within 3 months.
If there is a contract exists, your client must be aware of that and would have not offered you full time job until the contract is over, which lasts 3-6 months.
My suggestion, don't take 'panga' with Dhoti right now, any case file against you might be a 'thorn' in the path of green card in future. Search in Google, Consult a lawyer.
I got lucky in my case, after 1 year of being a low paid worker, with no benefit, living with 3 stinky, dirty, loud, greedy south Indians, my employer ask me if I wanted to go full time. I said, YES,YES,YES, and gave middle finger to Dhoti consultancy, because I am a Nepalese-American.
Good Luck friend.
 
Posted on 07-14-16 2:30 PM     [Snapshot: 3955]     Reply [Subscribe]
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Guys. I know this is a old post. But came across a similar situation. @summer2winter: Do you have update on what did you do? I am prepared to go to a lawyer than to give them any money. Just wondering if that contract might get me in trouble.
 
Posted on 07-16-16 12:31 PM     [Snapshot: 4353]     Reply [Subscribe]
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I am also interested to know about the resolution in this case. summer2winter, if you are around can you please provide some info as to what you had to do to get this resolved? Many Thanks.
 


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