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  1. #1
    Join Date
    Mar 2009
    Posts
    2

    Question Working for a Client After Leaving Employer

    My question involves employment and labor law for the state of: California

    I came to US in Feb 2008 through small consultant company (Let's say: A) on H1B visa. In April, I got a project for 6 months at client location (C). There were also 2 middle vendors between A & C (Like: A> X>Y >C). After 7 months I transfered my H1 to the middle vendor (Y) but working with the same client (C). Now, the problem is my x-employer(A) has not paid me my salary for 1.5 months.
    He said, according to the agreement I can't work for the same client directly or indirectly. If I am working with same client then he will not pay me my 1.5 months salary and he will file a complaint against me to breach the contract. Restriction paragraph of employment agreement states The Employee shall not, without the prior written consent of the Company, at any time during the twelve (12) month period following the end of the Term (termination of your employment), directly or indirectly, work for or provide services to any Client with whom the Employee was involved during the Term of this Agreement. How forceful is this statement??

    Can anyone give me any suggestion, what should I do in this case?? Thanks!!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Problem with X-Employer - Need Suggestion

    I can tell you exactly what to do in this case.

    Take the entire document, not just isolated paragraphs, and all associated documentation, to an attorney in your state. ONLY an attorney in your state who has read the entire agreement and all related documentation can say how enforceable it is.

  3. #3
    Join Date
    Mar 2009
    Posts
    2

    Default Re: Problem with X-Employer - Need Suggestion

    Thank you very much cbg for your nice suggestion. Do you have any idea if I go to Attorney how much they will charge? Thanks!!

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Problem with X-Employer - Need Suggestion

    Sorry, no. I'm not in your state and consulting fees can vary widely even within a region. But many attorneys offer low cost or even free consultations.

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