Legal Concerns Regarding Non-Compete and H1B Transfer

[nightcrawler]

I am currently on an H1B visa and was employed by a consulting firm (Employer A). I signed a non-compete or similar agreement with them. Recently, a competitive vendor (Employer for the same client offered me a job. I resigned from Employer A, joined Employer B (still working for the same client), and successfully transferred my H1B.
Now, Employer A has sent a notice to my lawyer claiming breach of contract and is seeking penalties.
My questions are:
Is such a non-compete or penalty clause enforceable under U.S. law, especially for H1B workers in a consulting/client setup?
What are my legal options and risks in this situation?
How should we respond to the notice from Employer A?

[RPG_Rel0aded]

1 minute ago, nightcrawler said:

I am currently on an H1B visa and was employed by a consulting firm (Employer A). I signed a non-compete or similar agreement with them. Recently, a competitive vendor (Employer for the same client offered me a job. I resigned from Employer A, joined Employer B (still working for the same client), and successfully transferred my H1B.
Now, Employer A has sent a notice to my lawyer claiming breach of contract and is seeking penalties.
My questions are:
Is such a non-compete or penalty clause enforceable under U.S. law, especially for H1B workers in a consulting/client setup?
What are my legal options and risks in this situation?
How should we respond to the notice from Employer A?

tell company A name  and company B name

[nightcrawler]

2 minutes ago, RPG_Rel0aded said:

tell company A name  and company B name

PMed anna , are you a lawyer any chance 

[nightcrawler]

help

[enigmatic]

It is not valid. Search for california ruling on this issue.

[nightcrawler]

Just now, enigmatic said:

It is not valid. Search for california ruling on this issue.

This is Florida anna 
 

Yes, Florida Statutes § 542.335 is currently in force and applicable. It is an active and enforceable section of Florida law governing restrictive covenants such as:

Non-compete agreements

Non-solicitation clauses

Confidentiality restrictions

However, for a restrictive covenant to be enforceable under this statute, it must meet several requirements including:

Written and signed agreement.

Protection of a legitimate business interest.

Reasonable in time, geographic scope, and business activity.

Must not violate public policy.

Courts in Florida actively apply and interpret this statute when disputes arise over the enforceability of such provisions in employment and business contracts.

Telisithe cheppandi anthe

[Lannister123]

I say let it play out.. worst case lo court ki cheppochu.. installments lo kadtha etc.. vadu legal ga proceed avvalanna its going to cost him.. entha pay cheyyamantunnadu? (Not a lawyer and not a legal advise)

[Lannister123]

 

3.

Legal Options & Strategy

 

 

 

👩‍⚖️ Option A:

Negotiate or Respond Formally

 

 

Your lawyer can:

 

• Respond that the non-compete is unreasonable or unenforceable as applied to your role.
• Point out that your right to work on H1B has federal protection.
• Emphasize that you didn’t take trade secrets, confidential info, or poach their client (the client chose to work with Employer B).

 

 

 

⚔️ Option B:

Fight It in Court (If They Sue)

 

 

If Employer A actually files suit:

 

• Courts often issue temporary injunction hearings quickly.
• Your lawyer can argue the agreement is overbroad, and that economic harm to you outweighs the harm to them.
• If Employer A has no direct contract with the client anymore, their claim is weaker.

 

 

 

 

 

💡 4. Practical Considerations

 

 

• They may be bluffing. Many consulting companies send legal threats to scare H1B workers into returning or paying a penalty. They rely on your fear of litigation or immigration trouble.
• Your current employer may help. Employer B may have seen this before and might support you legally (ask HR/legal).
• Don’t communicate with Employer A directly. Let your attorney handle all responses.

 

[ANNA_PLEASE_PETTU]

33 minutes ago, Lannister123 said:

I say let it play out.. worst case lo court ki cheppochu.. installments lo kadtha etc.. vadu legal ga proceed avvalanna its going to cost him.. entha pay cheyyamantunnadu? (Not a lawyer and not a legal advise)

They ask 100k

[RavvaKesari]

1 hour ago, nightcrawler said:

I am currently on an H1B visa and was employed by a consulting firm (Employer A). I signed a non-compete or similar agreement with them. Recently, a competitive vendor (Employer for the same client offered me a job. I resigned from Employer A, joined Employer B (still working for the same client), and successfully transferred my H1B.
Now, Employer A has sent a notice to my lawyer claiming breach of contract and is seeking penalties.
My questions are:
Is such a non-compete or penalty clause enforceable under U.S. law, especially for H1B workers in a consulting/client setup?
What are my legal options and risks in this situation?
How should we respond to the notice from Employer A?

Ye company and vendor evaru? State batti NDAs valid or invalid untayi...alagey nee NDA ki kuda oka validity period untundi

[ARYA]

Piccha lite…just email him that these agreements are not valid/illegal for H1b employees ani…vuccha poskonu sorrryy ani pampistadu

[nokia123]

32 minutes ago, ARYA said:

Piccha lite…just email him that these agreements are not valid/illegal for H1b employees ani…vuccha poskonu sorrryy ani pampistadu

Endhi vaa ee kwamedy…employees ke antha thelivi unte . Employers / vendors ki entha untundhi…it’s not that easy 

[nokia123]

3 hours ago, nightcrawler said:

I am currently on an H1B visa and was employed by a consulting firm (Employer A). I signed a non-compete or similar agreement with them. Recently, a competitive vendor (Employer for the same client offered me a job. I resigned from Employer A, joined Employer B (still working for the same client), and successfully transferred my H1B.
Now, Employer A has sent a notice to my lawyer claiming breach of contract and is seeking penalties.
My questions are:
Is such a non-compete or penalty clause enforceable under U.S. law, especially for H1B workers in a consulting/client setup?
What are my legal options and risks in this situation?
How should we respond to the notice from Employer A?

Hire a lawyer and send a reply to thier notice 

negotiate for some time ..they will ask 100k and settle for 2-3k ..lawyer fee 3k 

all done 

[RPG_Rel0aded]

On 6/7/2025 at 10:49 AM, nightcrawler said:

PMed anna , are you a lawyer any chance 

pmed anna @aath_care anna don't worry non compete rules happy gaa neeku nachina company ki work chesukovachu