Employer Threatening with Non-Compete Agreement
Hi,
I was employed by a staffing firm A for client X. I needed H1 so staffing firm A subcontracted me to consulting firm B. Consulting firm B filed my H1 and was paying me for the hours worked. Consulting firm B was recommended to me by staffing firm A. My Client, staffing company and consulting firm are in CA.
2 months back I left consulting firm B (for obvious reasons) and joined C, but am still working at the same client X.
My previous employer B has not paid me my last 1 month pay and when I asked him
for it by sending several email, and calling them. I did it for several days but they avoided talking to me. Before few days, he called me and threaten me saying I have broken the non-compete agreement with him and so I would owe him money and I should not be paid my for the last month.
As far as I remember I have signed only the offer letter (though I am sure he has some small font agreement somewhere).
How bad can this situation be ? Do I have any chances of getting my money ? Or worse, what if he actually sues me for breaking the agreement.
All help will be appreciated. If there is any attorney who can find time to answer, that will be even more helpful.
Thanks,
Re: Employer Threatening with Non-Compete Agreement
In most states, when you aren't paid, you can make a wage claim with the state. If your state doesn't have a department of labor that accepts wage claims you can make a claim with the federal government (Department of Labor). Also, when an H1B employer does not pay you as it's supposed to, you may make a complaint to the Department of Labor.
We cannot evaluate the noncompete without reading it; your current employer may have a lawyer who can review it for you. I suspect if your ex-employer were inclined to sue it would be following the law rather than engaging in extremely dubious self-help remedies.