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Previous Employer Demands Payment Under Non-Compete Agreement

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  • 05-20-2009, 12:25 AM
    sunnykumar
    Previous Employer Demands Payment Under Non-Compete Agreement
    My question involves employment and labor law for the state of: az

    I am on client side from last 3 years, my previous employer A had sub-contract with B, B has sub-contract with C and C is a vendor of my client D, who is having direct contract with my client.

    A and D does not have any direct contract. But A has a signed contract with B.

    I started working for client D after signing a contract with B and C.

    I also had non-compete contract signed with my previous employer that I have to work with him at least for 1 year and after resigning the company I cannot join or work for their client/end-client atleast for 18 months.

    It's been 8 Months I transfered my Visa to company X. but still working as contractor for same client (now it is me -> X -> B -> C -> D).

    Last month I got a legal notice from my employer about breaching the contract (non-compete agreement) and asking me to pay 20K as settlement amount by end of May.

    My employer has changed the salary structure multiple times as put me on % basis during their employment (Because in % my employer was eliminating the risk of paying on bench). whereas my offer letter says I am salaries employee. He never paid me promised variable compensations which were mentioned in offer letter. because he was paying me more than what was mentioned in LCA. He also did marketing of my CV while showing fake information.

    I do not have enough money to fight a case.

    Looking for advice from experts, if something can be done in this.
  • 05-21-2009, 04:12 PM
    Mr. Knowitall
    Re: Previous Employer Issue
    Have your contract reviewed by a local employment lawyer, and get advised on your rights based upon your job, industry, and the terms of your contract. We can't advise you about your rights under a contract that we haven't seen.
  • 05-22-2009, 12:15 AM
    sunnykumar
    Re: Previous Employer Demands Payment Under Non-Compete Agreement
    I do not have any information what he forced me to sign during the initial days of my employment. As far I remember it was about 25K that I cannot join the end client for 18 months after leaving the company.When I requested my previous employer to give me the copy of contract, he simply denied.
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