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kamal
08-23-2008, 03:34 PM
Hi,
This is the continuation of my previous thread.
I got one more informal notice today sent in person to my office. The note said inspite of our notice earlier we didn't hear from you and we will proceed with legal action if you fail to pay us the loses incurred by our company.

Now I got suggestions from my friends and colleagues to consult respective attorney. I donno whom to contact i.e immigration attorney or Labour attorney in this regard.

I am badly in need of attorney preferably Indian. Please help me in finding out the phone numbers of the concerned attorney just to know to which extent my previous employer can go legally in this issue.

Please respond with phone numbers of the attorneys in California.

singhsa3
08-23-2008, 04:51 PM
I think you should settle it. If this thing goes to court, your current employer may be dragged into it. 10K is small amount he is asking, I've heard stories of companies asking 30K +.
But just don't hand over the money, transact via a lawyer.
Hi,
This is the continuation of my previous thread.
I got one more informal notice today sent in person to my office. The note said inspite of our notice earlier we didn't hear from you and we will proceed with legal action if you fail to pay us the loses incurred by our company.

Now I got suggestions from my friends and colleagues to consult respective attorney. I donno whom to contact i.e immigration attorney or Labour attorney in this regard.

I am badly in need of attorney preferably Indian. Please help me in finding out the phone numbers of the concerned attorney just to know to which extent my previous employer can go legally in this issue.

Please respond with phone numbers of the attorneys in California.

eb2_485_mess
08-23-2008, 09:42 PM
Hi,
This is the continuation of my previous thread.
I got one more informal notice today sent in person to my office. The note said inspite of our notice earlier we didn't hear from you and we will proceed with legal action if you fail to pay us the loses incurred by our company.

Now I got suggestions from my friends and colleagues to consult respective attorney. I donno whom to contact i.e immigration attorney or Labour attorney in this regard.

I am badly in need of attorney preferably Indian. Please help me in finding out the phone numbers of the concerned attorney just to know to which extent my previous employer can go legally in this issue.

Please respond with phone numbers of the attorneys in California.
Please don't take this as a legal advice. I think you should consult a lawyer.

Below is how I would react... if someone was after me...

Even if they sue me, my liability will be around 10K only, if that is what the contract specifies. But a one sided contract itself for labor might not hold. Also the employer will be hesitant if they might be on the fence on other labor laws.

I will not pay anything without getting a good lawyer. I will wait until the other side actually sues, and then pick the best lawyer. I'm not sure which kind of lawyer will be good, and it will depend on the case. I will start with someone who is an employment/contract lawyer and also tell him about the immigration labor angle of my case.

Also if they indeed do sue you, don't just go by if the lawyer is indian. Remember, the lawyer is the most important criteria when you fight a case.

jthomas
08-24-2008, 12:05 AM
This is not a immigration case. I would suggest get a American lawyer who is good in representing the case rather than a lawyer who is good in laws.

I had a friend who lost a case when he hired a chinese lawyer and he was right and the other party was wrong. the chinese lawyer was not able to express well enough to win the case as the other lawyer. The chinese lawyer had told him three things before starting the case. First, Don't think that since you are right you can win. Secondly, the other party can lie and thirdly it will cost a lot of money.

If i would be in your part i would talk and tell the formal employer that he has done wrong in those matters. If he does not backoff the case you can go to DOL etc.. and find a peaceful means. If he still wants to go ahead tell him go ahead and i will do my part you do your part and the max i will loose is 10K and you spend a lot more convicing DOL. The present employees will also learn something from our issues and will think of moving too.

iluvgc
08-24-2008, 12:21 PM
This is not a immigration case. I would suggest get a American lawyer who is good in representing the case rather than a lawyer who is good in laws.

I had a friend who lost a case when he hired a chinese lawyer and he was right and the other party was wrong. the chinese lawyer was not able to express well enough to win the case as the other lawyer. The chinese lawyer had told him three things before starting the case. First, Don't think that since you are right you can win. Secondly, the other party can lie and thirdly it will cost a lot of money.

If i would be in your part i would talk and tell the formal employer that he has done wrong in those matters. If he does not backoff the case you can go to DOL etc.. and find a peaceful means. If he still wants to go ahead tell him go ahead and i will do my part you do your part and the max i will loose is 10K and you spend a lot more convicing DOL. The present employees will also learn something from our issues and will think of moving too.


I went through a similar situation and won against my employer without the help of any attorney, can you let me know ur case in detail. I will try to help you.

kamal
08-27-2008, 04:49 PM
I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

My employer is based in Texas and I am working in california.

After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement).

Now I received a similar document delivered in person to my office desk.

kamal
08-27-2008, 04:49 PM
I went through a similar situation and won against my employer without the help of any attorney, can you let me know ur case in detail. I will try to help you.

I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

My employer is based in Texas and I am working in california.

After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement).

Now I received a similar document delivered in person to my office desk.

munnu77
08-27-2008, 05:08 PM
kamal,
could you give us the employers name..I have a frnd who was in a similar situation whose employer was from texas.
they did threaten im with legal notices, he didnt respond and didnt hear from them after tht.
if it is the same guy, i think you dont have to worry.
if you have a problm putting the name in forum..snd me pvt msg

BPforGC
08-27-2008, 06:12 PM
This is what I would do.

Based on what you said, you clearly did not work for one year and breached the contract.

First, consult a lawyer (preferably a friend) since this not about you are going to defend in a court. Show this lawyer your actual contract you signed with former employer and this letter.

If the lawyer concludes that the former employer accusation has a benefit of doubt based on the actual contract, I will pay them $ 10,000.

Wait...wait... Here is the letter from lawyer that you attach with the payment. In that letter, you agree to pay $10,000 as a settlement and by accepting the payment, the company will not hold you liable to any further claims related to your employment contract. This must be crafted by a lawyer and sent to the company. You will deposit the amount in a Escrow account. Once the former employer accepts the settlement and signs the letter, he will get the money from the Escrow account. Lawyer will explain you clearly.

I have seen crap like this and many desi consulting agencies beat the crap out our techies, even for the sums of 30, 40K. You are lucky, got a permanent offer and off the hook for just $10,000.

Good luck man. Its not worth wasting time and money in court and mental tensions for $10,000 when you clearly did not finish one year with this guy (based on what you mentioned).

julsun
08-27-2008, 06:24 PM
If the employer has also breached the contract by charging you H1B fees and not paying while on bench, he is liable for a counter law suit as well. These are all scare tactics that he is using to get some money out of you. If push comes to shove, you can file a counter law suit against him for above things.

I am assuming that you have evidence for having had to pay for H1B fees from your pocket!!

I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

My employer is based in Texas and I am working in california.

After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement).

Now I received a similar document delivered in person to my office desk.