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SGP
10-28-2010, 11:38 AM
Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

Good news is another company has already applied for my H1 transfer.

I will appreciate all suggestions and advices for which I thank you in advance.

saketkapur
10-28-2010, 11:55 AM
Please talk to a good immigration attorney.....following is just my opinion and do not take it as legal advice as every case is different.

If you have filed for AOS and are past the 6 month mark, have a valid EAD then you can invoke AC21 and change jobs.
Else your new company will most probably have to file a fresh labor and I-140 for you however you should be able to port or re-capture your PD.....

Again talk to a lawyer or post in the lawyer portal.........

best of luck

sdrblr
10-28-2010, 12:11 PM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

Good news is another company has already applied for my H1 transfer.

I will appreciate all suggestions and advices for which I thank you in advance.

SGP
10-28-2010, 12:24 PM
Was the threat or intimidation verbal or do you have any paper trail. This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).
Take the non compete and any paper trail about the termination to an HR attorney ASAP. Also see whether any of your colleagues were impacted and go for a class action.

The threat was verbal, I do not have any paper trail. I know that 2 of the 4 colleagues have already signed the agreement. I do not know about the other 2 as they are the owners close blood relation.

solaris27
10-28-2010, 12:32 PM
Untill you have somthing written it will be very diffecult to prove in court.

Don't waster your money in court cases its very expensives .

Talk to any good attorny and find one which can work on % bases if you still want to go to court .



thanks

hoolahoous
10-28-2010, 02:26 PM
This can go both ways as the company's have a right to protect their intellectual property and on the same was that non compete legal (meaning if you challenge that in the court, can the judge say yes this needs 5 years of non compete).

since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?

sdrblr
10-29-2010, 10:58 AM
Most of the time non compete is enforced on direct competitor(s) and not on all companies. They dont want you to quit and join their direct competitor and reveal your trade secrets and this will stand in the court as I know somebody who was directly affected by this and he had to turn down a very good offer.

Also companies can change non compete any time.


since non compete was not required at time of joining the job, I don't see any way where at time of leaving they can force a overly broad condition. imagine if you working in a software company and they make you sign agreement, AT TIME OF LEAVING, that you can not work in same industry for next 5 years, what are you gonna do ? flip burgers for next 5 years ?

ivgclive
10-29-2010, 02:53 PM
Because,

You have been threatened
You have been fired
You have been unemployed...
...You want to try something against them. But what are we trying to prove?

Take it to court only if you think you want to sue them and get money. As other said, it is an expensive process on your side too.

If you just want to prove it is a "wrongful termination", you don't have to. In US eveyone knows what is "fired" means in this economy.

If you just want to be reinstated in the same position, it is difficult to continue the job in a private company, if they are not willing to employ you.

In few days, the urge will go away.

You will realise that your new job is much better than the one you left. Just enjoy.

You can lodge a complaint with DOL, USCIS, sue your employer, prove 'wrongful termination' etc. But unncessary load to carry.

Good luck with your new job.

Hi Guys,
I am based out of NJ and was working for an imports company for more than 8 years. I have an approved I-140 with this company. This company wanted me to sign an overly broad non compete agreement which would be valid for 5 years after termination. I refused to sign this agreement and I was verbally threatened with dire consequences if I did not sign. They fired me yesterday for not signing it and also stated that they are canceling my H1. Would this be treated as wrongful termination? Is there any way that I can file a complaint with the DOL? Has the complaint to be filed thru an attorney or can I do it myself?

Good news is another company has already applied for my H1 transfer.

I will appreciate all suggestions and advices for which I thank you in advance.

ananth
10-31-2010, 05:51 PM
What I heard of is, OSC (office of the special counsel), Dept of justice will help in this kind of issues related to hiring or wrongful firing. Google for such dept and get help at free of cost.