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  #1  
Old 03-10-2009, 10:04 PM
defender defender is offline
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Exclamation Employee Agreement Breache/Terminate!

Hello All,

I'm USA Permanent Resident. On Aug 2008, I joined a New Jersey consultancy (desi). They gave me training for 2 months. After that they are forcing me to put fake experience (5-7 years) in my resume. I refuced to that and I said that I have 1 year real-time experience.

After 5 days, I received an e-mail from my recruiter. She said that I'm violating the agreement rules. You need to pay for the training costs, otherwise we need to take "Legal Action" on you.

I don't know what to do right now! Can anyone please help me in this situation? I welcome any suggestions, resources, advices!

EDIT: Post reduced due to another member "Troll Alert!" reply.

The Entire Agreement is given below:

TRAINING/EMPLOYMENT
1.1 The Company agrees to employ the Employee as Trainee Programmer Analyst/System Analyst and the Employee accepts such training/employment by the Company on the terms and conditions set forth in this Agreement. The Employee agrees to serve the Company faithfully in this capacity and to perform such duties and responsibilities as may be established by the Company from time to time.
1.2 The Employee agrees and represents to the Company that (s) he is not subject to any existing contract, which would affect or impede the Employee's ability to perform in accordance with the terms of this Agreement.
1.3 The Company will provide the employee with a technical training in a certain specialty without charging any fees.
1.4 The Employee agrees to work for the company for a minimum period of 12 months (minimum 2000 hours billable time) from the date of start of the first assignment with the company’s client. The Employee understands that the company has spent considerable amount of time/money on the Employee in providing training to him and upgrading the
technical/interpersonal skills of the Employee to the level expected/acceptable by the Client of the Company
.
1.5 In event the Employee breaches or terminates the agreement prior to performance of 12 months of continued services to the company’s Client/Clients the Employee is liable to pay the Company a compensation of $10,000 (ten thousand US Dollars) in lieu of the time, money and effort spent by the company in providing the training and other services to the Employee.
1.6 The Employee shall provide a true copy of the SSN and Drivers License/Any other photo id to the company for its records.

TERM
The term of this Agreement shall commence from the date on this Agreement and shall
terminate when either party to this Agreement sends to the other party, a written notice of
termination, at least 2 Weeks in advance or equivalent compensation of 2 Weeks in case
notice could not be given. The company has the right to terminate the employee without any notice or any compensation in case of performance issues or any other issues.


REMEDIES OF COMPANY
8.1 THE EMPLOYEE ACKNOWLEDGES THE RESTRICTIONS IMPOSED BY THIS AGREEMENT ARE REASONABLE AND ARE NECESSARY TO PROTECT THE LEGITIMATE BUSINESS INTERESTS OF THE COMPANY. THE EMPLOYEE ALSO ACKNOWLEDGES AND AGREES THAT SUCH RESTRICTIONS DO NOT AND WILL NOT IMPOSE AN UNDUE HARDSHIP ON THE EMPLOYEE.
8.2 If the Employee breaches any of the restrictions imposed by this Agreement, the Employee agrees the Company has the right to obtain an injunction to prevent any further violations and the additional right to recover court costs and reasonable attorneys fees incurred by the Company.
8.3 The Employee also agrees that if the Employee breaches any of the restrictions imposed by this Agreement, the Company can recover damages for breach of this Agreement, court costs and reasonable attorneys’ fees incurred by the Company.

Last edited by defender; 03-10-2009 at 10:59 PM.
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  #2  
Old 03-10-2009, 10:51 PM
defender defender is offline
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Default

Quote:
Originally Posted by belmontboy View Post
Troll alert!!!
Hello Sir, I'm not doing spam here. Instead I posted the entire agrement here. If this violates this forum rules, I will remove the "Agrement" details. But I can't get any suggestion from the members.

Okay I will reduce the agreement and I will try to re-post it with few important agreement rules.

Thanks.
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  #3  
Old 03-10-2009, 10:54 PM
rajpatelemail rajpatelemail is offline
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rajpatelemail is infamous around these parts rajpatelemail is infamous around these parts rajpatelemail is infamous around these parts rajpatelemail is infamous around these parts
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Do ypu have middle finger. If you have one, show that to your employer.
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  #4  
Old 03-10-2009, 10:57 PM
defender defender is offline
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Exclamation

Quote:
Originally Posted by rajpatelemail View Post
Do ypu have middle finger. If you have one, show that to your employer.
What do you mean?
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  #5  
Old 03-10-2009, 10:59 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by defender View Post
What do you mean?
Respond to them with attorney and see whats happening.
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  #6  
Old 03-10-2009, 11:00 PM
hpandey hpandey is offline
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Default Don't worry

You don't have to fear anything from your employer. Just send in your resignation and if they come back let them know that you are going to complain to the DOL about their business practices . That would take care of it and they won't harass you anymore . This kind of restrictive agreement can't hold in any court with a good lawyer .. its more for scaring new comer H1b' and you already have a GC if I understand correctly that you are a permanent resident or is it that you are a citizen ( even better )

Relax
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  #7  
Old 03-10-2009, 11:13 PM
defender defender is offline
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Lightbulb

Quote:
Originally Posted by hpandey View Post
You don't have to fear anything from your employer. Just send in your resignation and if they come back let them know that you are going to complain to the DOL about their business practices . That would take care of it and they won't harass you anymore . This kind of restrictive agreement can't hold in any court with a good lawyer .. its more for scaring new comer H1b' and you already have a GC if I understand correctly that you are a permanent resident or is it that you are a citizen ( even better )
Relax
Hello,

Thanks for you suggestion. I have GC (got through family immigration). As per the employee agreement, the training that they provided (45 days) is FREE of charge!. If I (employee) terminates the agreement, I need to pay $10,000 US dollars money to the company. They said that I need to pay for that, because you taken our training.

Is sending the "Resign Notice" to the company breaches the employee agreement? Because they didn't put my resume on market and they didn't respond to my e-mails!

I want to send the "Resign Notice" to the company and I want to market my resume myself. Can you please suggest me the way that I need to follow?

Again thank you very much for your help.

The term of this Agreement shall commence from the date on this Agreement and shall
terminate when either party to this Agreement sends to the other party, a written notice of
termination, at least 2 Weeks in advance or equivalent compensation of 2 Weeks in case
notice could not be given. The company has the right to terminate the employee without any notice or any compensation in case of performance issues or any other issues.
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  #8  
Old 03-10-2009, 11:44 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by defender View Post
Hello,

Thanks for you suggestion. I have GC (got through family immigration). As per the employee agreement, the training that they provided (45 days) is FREE of charge!. If I (employee) terminates the agreement, I need to pay $10,000 US dollars money to the company. They said that I need to pay for that, because you taken our training.

Is sending the "Resign Notice" to the company breaches the employee agreement? Because they didn't put my resume on market and they didn't respond to my e-mails!

I want to send the "Resign Notice" to the company and I want to market my resume myself. Can you please suggest me the way that I need to follow?

Again thank you very much for your help.

The term of this Agreement shall commence from the date on this Agreement and shall
terminate when either party to this Agreement sends to the other party, a written notice of
termination, at least 2 Weeks in advance or equivalent compensation of 2 Weeks in case
notice could not be given. The company has the right to terminate the employee without any notice or any compensation in case of performance issues or any other issues.
Whatever mail you got from them...reply to that mail stating that you are going file a complaint with DOL. Wait for their response. I am sure, they wont respond. You dont need to send any resignation letter. Just move on.

If they respond, then send them the reply thru attorney. They will never come back to you.
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  #9  
Old 03-10-2009, 11:47 PM
sk2006 sk2006 is offline
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sk2006 is infamous around these parts sk2006 is infamous around these parts sk2006 is infamous around these parts sk2006 is infamous around these parts sk2006 is infamous around these parts sk2006 is infamous around these parts sk2006 is infamous around these parts
Default

My suggestion:

Consult an immigration lawyer.
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  #10  
Old 03-10-2009, 11:55 PM
defender defender is offline
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Quote:
Originally Posted by sk2006 View Post
My suggestion:

Consult an immigration lawyer.
Hello,

Do you know any good attorny (law firms) in New Jersey? Tomorrow I will try to call my employer and based on their reply, I can follow the steps that the members suggest me previously.

Thanks.
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  #11  
Old 03-11-2009, 12:36 AM
ssdtm ssdtm is offline
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ssdtm is a jewel in the rough ssdtm is a jewel in the rough ssdtm is a jewel in the rough ssdtm is a jewel in the rough
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You need not worry. Just say " give me client to work for".

If they cannot get one for you, it is their headache. You are NOT breaching any contract.
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  #12  
Old 03-11-2009, 03:40 AM
wandmaker wandmaker is offline
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Default

Quote:
Originally Posted by defender View Post
After 5 days, I received an e-mail from my recruiter. She said that I'm violating the agreement rules. You need to pay for the training costs, otherwise we need to take "Legal Action" on you.
Reply to her email stating that you have not violated the terms and conditions of the employment and also add a note you do not support the company's idea of faking the resume. Additionally, ask them to place you in a project based on actual qualification and experience.
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We can't solve problems by using the same kind of thinking we used when we created them. - Albert Einstein
*** Not a legal advice, use at your own risk ***
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  #13  
Old 03-11-2009, 12:44 PM
nk2006 nk2006 is offline
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Default

Most of employer agreements are non-enforcable - if they do go to court the most probable decision would be in your favor. Employers know that and they rarely go to court, giving notice is the best they can do - this is to scare former employees and also to scare the current ones. Having said that it may be in your best interest to reply to their email message. As someone suggested above reply to them saying that you are not breaching any terms of contract and will be willing to join a project "provided the employer follow the correct DOL policies and market your true current skills rather than indulge in unlawful/unethical practice of resume doctoring". That should scare them off.
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  #14  
Old 03-11-2009, 12:55 PM
hunkuncontrolled hunkuncontrolled is offline
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Hey Defender

Similar thing happened to me and i consulted an employment attorney . He simply drafted a letter stating that my client doesn't owe them anything and any lawsuit would be replied with counter lawsuit demanding double the money they are demanding and DOL will also be informed about this malpractice.. He simply came on backfoot ..Don't worry..Its just their tactic to scare people..Its just a trap and if you respond to them softly they will pressurize..Its all about maintaining pressure and stay on top of him . You control the situation and don't run away from it. Its just a matter of getting a good letter drafted from attorney which is just going to cost you around 250-300 bucks.

Don't worry
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  #15  
Old 03-11-2009, 01:06 PM
validIV validIV is offline
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What is this desi company's name? If you dont report them to DoL, I will.
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