Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default 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,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Non-Compete Agreements: Non Compete Agreement
    By madhuk in forum Employment and Labor
    Replies: 2
    Last Post: 01-09-2011, 01:02 PM
  2. Non-Compete Agreements: Old Non-Compete Agreement
    By jason1982 in forum Employment and Labor
    Replies: 1
    Last Post: 09-22-2010, 04:23 PM
  3. Non-Compete Agreements: Previous Employer Demands Payment Under Non-Compete Agreement
    By sunnykumar in forum Employment and Labor
    Replies: 2
    Last Post: 05-22-2009, 12:15 AM
  4. Non-Compete Agreements: Do Illegal Acts By An Employer Void a Non-Compete Agreement
    By trapped0702 in forum Employment and Labor
    Replies: 1
    Last Post: 04-08-2007, 09:35 PM
  5. Non Compete Agreement
    By bowwow in forum Independent Contractors
    Replies: 2
    Last Post: 01-13-2007, 11:42 AM
 
 
Sponsored Links

Legal Help, Information and Resources