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Employment Contract dispute
Anonymous5 views3 answers
I worked for a Client through company A that holds my H1 Visa. The contract is as such company A -> preferred vendor(B) -> client(C). I had signed a contract with B & A before joining respectively that I wont join Client company as FT/contractor. I completed my project by mid of Feb and I came out of C. After 2 months C posted a new position ,that is totally different from the previous job that I worked for , and I applied and I got selected for the same. So I sent a resignation letter to A and joined in the client. But there was out standing amount of $25000 that the B has to pay to A and the B says that I violated contract and so they cannot pay to A. And so A is filing a case against me as I breached the contract and I have to pay all his losses/attorney fees..
Hi there. It sounds like you've got a complex issue. It sounds like you were employed by a staffing company. I am actually quite familiar with that field, especially the IT Staffing business. Anyway, you will not get meaningful advice or input here. This forum is for general questions and answers. You really need to speak to an attorney, show him/her your agreement and other important evidence, and allow a time of consultation. That's the only way you can get your questions answered and figure out your rights and liabilities. The law is very fact sensitive so no reputable attorney should be able to claim they can give you an accurate answer simply from this sparse post.
Good luck to you.
Non-competition agreements are rarely enforceable in California. For more specific guidance, an attorney will have to review the exact language of the contract you refer to, and if you are being sued, you certainly need legal representation. Don't put off getting help because there may be far more than $25,000 at stake. Depending on the nature of the legal claims and the language in the contract, you may be responsible for A's attorney's fees and costs of suit.
I don't know if or how the immigration issue affects this; it may not. Just in case, I'm sharing the question with the immigration law forum.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.
I hope there is a good resolution to this situation.
This sounds like a complex issue, and would require the services of a local attorney to review the facts and circumstances of your case (as well as read the contract it says you violated).
If you're looking for an attorney you can use the "Find a Lawyer" feature on to locate one in your area.
