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  • threatening by Employer regarding agreemental breach

    Need your help very badly people....!

    I was with an Employer A when my opt started.... Placed in X company through A & Signed Employer agreements ,started my employment on Sept 2015 & during the month of Aug, My Employer was not ready to sign I-983 form for my OPT-extension & Insisted me to apply for CPT colleges...which I refused & Moved
    to different Employer B , Yesterday I got a Legal Notice through Email (saying breach of Agreements " On behalf of Employer A , I am hereby putting you on notice that you have voilated your agreement with them because you have accepted employment with another Firm providing same services to same client,"
    said I am failed to honour initial term obligation & have failed to give them notice of termination. (Which I told them through Phone ..that I am moving). & said
    My actions has caused damages to Employer A business..

    Said " I should respond back to that with in 7 days of period ...& It is my Frst leag notice which I have ever got...

    what are the best possibilities for that people......Help me out guys..I am worried..!!

  • #2
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    • #3
      Normally legal agreements differ between state to state. It would be better if you provide a screenshot of agreement so that we can read that and suggest you the appropriate action.

      Normally if you have signed an at will clause with the employer it is legal that you can leave the employer with or without notice in written or you can leave without any reason. This is putforth normally in the agreement.

      In your case I believe you have the right to leave as your employer was not willing to sign the I - 983 which makes you ineligible for the OPT extension without which you cannot work thereafter the expiration of your OPT. In that case how will the agreement be valid?? as you will be out of the country as you are no longer eligible to work.

      I think the weight balance is on your side, so don't panic think all the strong points from your side and talk to an attorney. There are plenty of attorneys like Murthy's Law firm and Rajiv S. Khanna etc.

      Comment


      • #4
        Also , please report this matter to your school DSO to seek the appropriate suggestion and action, the always suggest the best and good options.

        Comment


        • #5
          Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...65022806848417 21st Sept - Please review comments from other users

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          • #6
            Do you have any written confirmation that he is not going to sign the i 983 form

            Comment


            • #7
              Is the the third party (lawyer representing the firm) or from employer HR? Are they claiming financial damages or something else? if its a legal notice by the lawyer than most likely you signed on some terms that you have violated. Most employers require signed resignation letter 30 or 60 days before you intend to leave. I am not sure what your exact situation is, but hire a lawyer if you can. If not try to negotiate with your former employer outside of the court? Try to see if you have in writing any form of obligation that your employer failed to fulfill. Disclaimer: I am not a lawyer, this is just a suggestion based on thoughts and experiences.

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              • #8
                Please dont panic.. consult at attorney...

                Comment


                • #9
                  They have signed some agreements .. when she moved to that firm ..! Yes that lawyer representing the firm .. they are filing for agreement breach & showing the reason "violating 2 years contract .... " they didn't give any written resignation letter...! But they had conversations through phone ..

                  Comment


                  • #10
                    Most agencies have this strict clause in their contract that you can't work with their same client through another agency for about 6 months or so after you leave them. I think in your case they took advantage of this to harass you. Find a good lawyer, they can definitely resolve it.

                    Comment


                    • #11
                      Originally posted by sait View Post
                      Need your help very badly people....!

                      I was with an Employer A when my opt started.... Placed in X company through A & Signed Employer agreements ,started my employment on Sept 2015 & during the month of Aug, My Employer was not ready to sign I-983 form for my OPT-extension & Insisted me to apply for CPT colleges...which I refused & Moved
                      to different Employer B , Yesterday I got a Legal Notice through Email (saying breach of Agreements " On behalf of Employer A , I am hereby putting you on notice that you have voilated your agreement with them because you have accepted employment with another Firm providing same services to same client,"
                      said I am failed to honour initial term obligation & have failed to give them notice of termination. (Which I told them through Phone ..that I am moving). & said
                      My actions has caused damages to Employer A business..

                      Said " I should respond back to that with in 7 days of period ...& It is my Frst leag notice which I have ever got...

                      what are the best possibilities for that people......Help me out guys..I am worried..!!
                      Since you have received a legal notice, the person you should be consulting with is an attorney. An attorney can tell you just to ignore it or if it’s serious enough to respond.
                      The main issue here is not that you left your employer - it’s that you left the employer to join another employer to work with the same client. You took business from your employer and gave it to someone else, and I’m sure that there’s something in your Employment Agreement about that. The question is: “Is that term enforceable in your state?”

                      Comment


                      • #12
                        Something similar happened with my sister. I think she took the best decision to contact an attorney for solving this matter. Few days back, I read in the newspaper about the lawyer Bechara Tarabay. The lawyer Bechara Tarabay helps his client in legal issues. The lawyers always make sure to help their clients in the best possible way.

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