Very Very Urgent Help Needed Regd. Lawsuite

[raajs4s]

Hello Friends,

My sister who is on her student post completion OPT previously worked with a company and found a job as a contractor. Now she has been offered a full time position by the end-client which she has accepted. Now the employer threatens to file a lawsuit of $10,000 based on the following clause. The documents say that the employment is an "at will" employment and can be terminated either by employer or employee with or without any cause or explanation. Please let me know what can she do?

[size=3][color=#000000][font=Times]Relationship. The Company's hiring of the employee is an "at will" relationship, which means that the [/font][/color][color=#000000][font=Times]employment relationship may be terminated either by Employer or the Employee at any time with or without cause and without [/font][/color][color=#000000][font=Times]explanation. The Company shall be sole employer of the Employee and no other party shall have the authority to hire, train, [/font][/color][color=#000000][font=Times]supervise, pay, promote or fire the Employee .[/font][/color][/size]


The lawyer sent a notice stating that the following clause was violated:
[size=3][color=#000000][font=Times]Non-Competition. From the Effective Date, during the term of the Employee's employment with the [/font][/color][color=#000000][font=Times]Company and for a two (2) year period upon its termination, Employee shall not, for any reason, (i) contact or solicit, directly or [/font][/color][color=#000000][font=Times]indirectly, the Customers of the Company for purposes of providing services or selling products to the Customers, (ii) provide services [/font][/color][color=#000000][font=Times]or sell products, directly or indirectly, whether as an employee, contractor, vendor, owner, partner, investor or agent to the Customers [/font][/color][color=#000000][font=Times]of the Company, (iii) market or advertise the services or products o1'any other individual or entity to the Customers of the Company or [/font][/color][color=#000000][font=Times](iv) interfere with or attempt to interfere with, whether or not for his,/her own benefit, the services provided by the Company to its [/font][/color][color=#000000][font=Times]Customers. As used in this Agreement the term "Customer" shall be broadly defined and shall include, but not be limited to, any [/font][/color][color=#000000][font=Times]person or entity with which the Company has either conducted business with, provided services to (either directly or indirectly) or sold [/font][/color][color=#000000][font=Times]products to within the past twenty-four (24) months or has made an offer of services or products to within the past twelve ( 12) months. [/font][/color][color=#000000][font=Times]Furthermore where there may be more than one party involved in the Company providing services and./or products to a Customer, [/font][/color][color=#000000][font=Times]including, but not limited to, vendors, partners, [/font][/color][color=#000000][font=Times]agents, marketing representatives [/font][/color][color=#000000][font=Times]or other third-parties ("Vendors"), each Vendor [/font][/color][color=#000000][font=Times]involved shall be separately [/font][/color][color=#000000][font=Times]considered as a "Customer" for purposes of this definition. By way of example, should Company contract [/font][/color][color=#000000][font=Times]with Vendor 1, who contracts [/font][/color][color=#000000][font=Times]with Vendor 2 who contracts [/font][/color][color=#000000][font=Times]with the End-Client where the Company's services and or products [/font][/color][color=#000000][font=Times]are [/font][/color][color=#000000][font=Times]offered, rendered, provided or sold, then Vendor 1, Vendor 2 and the End-Client shall all be considered to be a "Customer" of the [/font][/color][color=#000000][font=Times]Company.[/font][/color][/size]

[Anbe_shivam1]

[quote name='raajs4s' timestamp='1337315916' post='1301818266']
Hello Friends,

My sister who is on her student post completion OPT previously worked with a company and found a job as a contractor. Now she has been offered a full time position by the end-client which she has accepted. Now the employer threatens to file a lawsuit of $10,000 based on the following clause. The documents say that the employment is an "at will" employment and can be terminated either by employer or employee with or without any cause or explanation. Please let me know what can she do?

[size=6][color=#000000][font=Times]Relationship. The Company's hiring of the employee is an "at will" relationship, which means that the employment relationship may be terminated either by Employer or the Employee at any time with or without cause and without [/font][/color][color=#000000][font=Times]explanation. The Company shall be sole employer of the Employee and no other party shall have the authority to hire, train, supervise, pay, promote or fire the Employee .[/font][/color]


The lawyer sent a notice stating that the following clause was violated:
[color=#000000][font=Times]Non-Competition. From the Effective Date, during the term of the Employee's employment with the Company and for a two (2) year period upon its termination, Employee shall not, for any reason, (i) contact or solicit, directly or [/font][/color][color=#000000][font=Times]indirectly, the Customers of the Company for purposes of providing services or selling products to the Customers, (ii) provide services [/font][/color][color=#000000][font=Times]or sell products, directly or indirectly, whether as an employee, contractor, vendor, owner, partner, investor or agent to the Customers [/font][/color][color=#000000][font=Times]of the Company, (iii) market or advertise the services or products o1'any other individual or entity to the Customers of the Company or [/font][/color][color=#000000][font=Times](iv) interfere with or attempt to interfere with, whether or not for his,/her own benefit, the services provided by the Company to its [/font][/color][color=#000000][font=Times]Customers. As used in this Agreement the term "Customer" shall be broadly defined and shall include, but not be limited to, any [/font][/color][color=#000000][font=Times]person or entity with which the Company has either conducted business with, provided services to (either directly or indirectly) or sold [/font][/color][color=#000000][font=Times]products to within the past twenty-four (24) months or has made an offer of services or products to within the past twelve ( 12) months. [/font][/color][color=#000000][font=Times]Furthermore where there may be more than one party involved in the Company providing services and./or products to a Customer, [/font][/color][color=#000000][font=Times]including, but not limited to, vendors, partners, [/font][/color][color=#000000][font=Times]agents, marketing representatives [/font][/color][color=#000000][font=Times]or other third-parties ("Vendors"), each Vendor [/font][/color][color=#000000][font=Times]involved shall be separately [/font][/color][color=#000000][font=Times]considered as a "Customer" for purposes of this definition. By way of example, should Company contract [/font][/color][color=#000000][font=Times]with Vendor 1, who contracts [/font][/color][color=#000000][font=Times]with Vendor 2 who contracts [/font][/color][color=#000000][font=Times]with the End-Client where the Company's services and or products [/font][/color][color=#000000][font=Times]are [/font][/color][color=#000000][font=Times]offered, rendered, provided or sold, then Vendor 1, Vendor 2 and the End-Client shall all be considered to be a "Customer" of the Company.[/font][/color]
[/quote][/size]


did she signed any forms with her employer...?

[raajs4s]

When she joined the consultancy they said that there will not be any contract only then she joined. Also when she got the job and was told to sign the papers she pointed out about this and they said that the documents were just for formality.

[nagchiru]

My advice is to just resign the client, why do you want a hassle when there are thousands of companies out there... Move on... Going to court is not fun. If you loose it will go to your History and will be there for 10 years , no one will ever hire .... Just forget it and move on ...

[pikki]

best contact an immigration attorney/ or an appropriate attorney they will guide you properly, don't worry employees are well protected by US Law. Similar situation happened to one of my friend and he contacted an attorney and honestly i don't the rest. Contact an attorney immediately and frankly don't waste your time here...

Don't worry everything will be OK.

[raajs4s]

[quote name='pikki' timestamp='1337319620' post='1301818603']
best contact an immigration attorney/ or an appropriate attorney they will guide you properly, don't worry employees are well protected by US Law. Similar situation happened to one of my friend and he contacted an attorney and honestly i don't the rest. Contact an attorney immediately and frankly don't waste your time here...

Don't worry everything will be OK.
[/quote]

Thank you Pikki, thanks for your advice. Where and how do we find an attorney?

[raajs4s]

[quote name='nagchiru' timestamp='1337319293' post='1301818591']
My advice is to just resign the client, why do you want a hassle when there are thousands of companies out there... Move on... Going to court is not fun. If you loose it will go to your History and will be there for 10 years , no one will ever hire .... Just forget it and move on ...
[/quote]

Thank you Nagchiru. Do you mean my sister should quit the full time job she was offered? She has worked hard and her hard work has earned her the full time job. Finding a full time job is not that easy for a OPT Student.

[raajs4s]

[quote name='Anbe_shivam1' timestamp='1337316034' post='1301818282']
[/size]


did she signed any forms with her employer...?
[/quote]

[color=#282828][font=helvetica, arial, sans-serif]When she joined the consultancy they said that there will not be any contract only then she joined. Also when she got the job and was told to sign the papers she pointed out about this and they said that the documents were just for formality.[/font][/color]

[nagchiru]

[quote name='raajs4s' timestamp='1337320296' post='1301818643']
Thank you Nagchiru. Do you mean my sister should quit the full time job she was offered? She has worked hard and her hard work has earned her the full time job. Finding a full time job is not that easy for a OPT Student.
[/quote]


Yes ask her to quit immediately, trust me its not fun to undergo a legal trial, especially if she signed the documents, trying to fight the case is a BAD idea, dont listen to people over here... Yes life sometimes is hard but if you look at it realistically your sister is breaking the law by joining the client directly, i am not trying to blame her but you have to look at without any prejudice .

[raajs4s]

[quote name='nagchiru' timestamp='1337322174' post='1301818826']


Yes ask her to quit immediately, trust me its not fun to undergo a legal trial, especially if she signed the documents, trying to fight the case is a BAD idea, dont listen to people over here... Yes life sometimes is hard but if you look at it realistically your sister is breaking the law by joining the client directly, i am not trying to blame her but you have to look at without any prejudice .
[/quote]

Thank you so much for ur time and I will let her know ...

[montfree123]

what is the consultancy name ??? waste fellows....why don't u negotiate with employer ???

[raajs4s]

[quote name='montfree123' timestamp='1337327607' post='1301819018']
what is the consultancy name ??? waste fellows....why don't u negotiate with employer ???
[/quote]

Bhaiya okkasari aithey problem solve avani... i will tell every detail of the consultancy . it need to be in blacklisted and today she gonna talk to the employer , vadu kodiga ekkuva chesthey appudu chudam...

[Nekuenduku]

Try to settle with the employer to be out of Hassle, He filed a law suit for $10,000 so offer him $ 5000 cash and get out of this mess and work with client peacefully. $ 5000 for a full time position should not be a problem and all this mess will reflect when you are processing GC.

I think this would be a better idea.

[swetha_smiley68]

Hi,
First of all Relax,Evaru peekedhemi ledhu.Second ee stately thanu job chesthundhi?
California lo elanti contracts emi pani cheyavu.
Okasari ee form sighn chesindho cllearga cheppandi.

[swetha_smiley68]

Did she sighn on exclusive employment doc?
exclusive employment, the employee agrees that she will not work for any other company in the same or similar type of business while employed under the contract