Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Previous employer threats to sue me

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Previous employer threats to sue me

    Hi All Please Help,
    I am not a US citizen.I was working in PA for the past 3 yrs and I came to CA on a project through my employer . I have accepted job offer from the same company where I was doing my project in CA and my H1(visa for employment) is also approved .
    Now my previous employer has threatened me not to join the company in CA else he will sue me(I had signed an agreement with them which I did not take it seriously).Also he said he will take action against CA company because of hiring me and will not do any future business with them because there was a contract between my previous PA company and current CA company.
    I am worried that my current CA company should not decide to take me on board because of such problems.So far,I have learnt that CA law does not bind employees to employer agreement and they can choose job freely but I was employed to a PA employer so will there be any change in rule for me.I am writing below the clause of my agreement with my previous company in CA.
    *During Employees employment by Employer and for a period of eighteen months(18) after Employee ceases to be employed by employer,Employee shall not within the stes of New Jersey,Delaware and Pennsylvania directly or indirectly,either for Employee's own account or as a partner,shareholder(other than share regularly traded in a recognised market),officer,employee,agent or otherwise,be employed by,connected with,partcipate in,consult or otherwise associate with any other business ,enterprise or venture that is the same as ,similare to or competitive with Employer.
    *During Employees employment by Employer and for a period of eighteen months(18) after Employee ceases to be employed by employer,Employee shall solicit business or sales from or attempt to convert to other sellers or providers of the same or similar products or services as provided by Employer ,anu customer,client or account of Employer with which Employee has had any contact during the terms of employment.
    *During Employees employment by Employer and for a period of eighteen months(18) thereafter ,the Employee shall not,on Employer's behalf or on behalf of any other party ,solicit or seek the business of any customer or account of the company existing during the terms of employment and wherein said solicitation involves a product and/or service substantially similar to or competitive with any present or future product and/or service of the company.The Employee hereby acknowledges that the company shall or may provide Employee access to its customers and accounts in reliance of this agreement ,and this is agreement is reasonably necessary to protet the company.This agreement shall be binding upon and inure to the benefits of the parties ,their heirs ,assigns and personal representatives.

    Can someone please through some fruitful suggestion/advice.

  • #2
    You may not take the agreement you signed seriously, but that is extremely short sighted of you. I can assure you that your employer doesn't see it as frivolous and is looking to enforce the agreement you signed. It doesn't matter what laws are in effect in CA as your agreement was signed in PA. Moving states doesn't invalidate this agreement.

    I would be contacting a lawyer asap prefereably one with knowledge of PA contracts.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Thanks for advice ElleMD.
      I am not worried about my employer enforcing the agreement and suing me.I am concerned whether my new employer in CA will not offer me a job.
      I hope you can help me get some more advice from PA lawyer.

      Waiting to hear from you...

      Comment


      • #4
        Your CA employer to be may very well decide not to hire you based upon the loss of a client if they do, and or the agreement you signed. This would be perfectly legal.

        With all due respect, I would be concerned about the PA company and the agreement you signed with them. As a visa holder, and especially an H visa holder, you have a LOT more at stake than the average employee.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X