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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Non Compete Enforcement after Unpaid Wages

    Hello all,

    Iam working on a H1B visa with my employer performing services at a client location ; My Employer has not paid my salary for the last few months and I also was not paid during the time I was loooking for a project (Bench). They had numerous excuses for the delay in payments.I ran out of patience and made alternate arrangements ( new H1) to work at the client through a different H1B employer.

    Now they are threatening with me with violation of a non compete clause in my employment agreement, I told them the agreement is not enforceable as they have violated it themselves by not paying my wages for a long time (3 months).

    Do I have a legal basis here , seems like it is illogical to expect me to stick to an agreement that has been repeatedly been violated by my employer.

    My employer is based in Indiana

    Thanks in advance for the advice.

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

    Default Re: Non Compete Enforcement - Unpaid Wages

    I think you do have a good argument that they breached. As you have apparently successfully transferred your H1B despite their not having paid you, consider filing a complaint against them with the department of labor for their unlawful failure to pay your wages. You may end up with a check for three months of pay.

  3. #3
    Join Date
    Feb 2009
    Posts
    2

    Default Re: Non Compete Enforcement after Unpaid Wages

    hi,
    interested in knowing what happened next. did your employer press any charges on you? did you file any complaint with DOL?
    How did your employer come to know that you are still woking with the client?
    Even I would be going in the same situation. I am going to work with the same client but transfer my h1. even i have not been apid for past 2 months.

    awaiting your reply.

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non Compete Enforcement after Unpaid Wages

    needH1help - you may not get a reply. The original poster posted 11-08 & hasn't been back to make another post since then.

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