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  • Employee/ employer contract breach

    Hi,
    My previous employer located in dallas,TX , Is threatening me to file a lawsuit against me as a breach of contract. Can you please help me review my case and guide in case on what to do ?

    My previous employer placed at a client in location in san Francisco, CA , through a vendor located in Philadelphia, PA, I have worked at the location for 2 years ,4 months ( 2 years on opt and 4 months on h1b ) and accepted full time with the client (after h1b transfer was completed), as per contract signed with him during my joining it says explicitly , I shouldn't accept the fulltime at client location, but I have given a 2 week notice period before I left my previous employer , and joined the client as a FTE, as I have now he has asked me to pay up 12k$ as a breach of contract. Should I pay up or can I fight this case in court. My wages were payed according to CA Laws including CA taxes , and I'm a CA resident.
    I have given a clear 2 week notice before joining. Please suggest my options ?

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/posts/2296862243664465 30th July - Please review comments from other users

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      • #4
        I don’t think they can restrict you from switching your job. Texas does have the non compete rule. But my guess is it won’t apply to companies outside Texas. My advice is consult a lawyer about this situation. You can have an hour’s meeting for about 80$. Don’t pay up coz most of these consultancies do shady stuff and wouldn’t want to be entangled in a law suite.

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        • #5
          Don’t pay, talk to lawyer

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          • #6
            Dont pay and tell them serve a notice and you will deal with it.It is very hard to fight a case from texas to ca.

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            • #7
              Can you please update me on this . I'm in the same boat. Planning to accept vendor offer.

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              • #8
                Don't Pay and fight for it. You are right from your side so don't worry about it and go for fight. But I suggesting you can discuss peacefully with your previous employer at least one time.

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