nightcrawler Posted June 7 Report Posted June 7 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? Quote
RPG_Rel0aded Posted June 7 Report Posted June 7 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 Quote
nightcrawler Posted June 7 Author Report Posted June 7 2 minutes ago, RPG_Rel0aded said: tell company A name and company B name PMed anna , are you a lawyer any chance 1 Quote
enigmatic Posted June 7 Report Posted June 7 It is not valid. Search for california ruling on this issue. Quote
nightcrawler Posted June 7 Author Report Posted June 7 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 Quote
Lannister123 Posted June 7 Report Posted June 7 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) Quote
Lannister123 Posted June 7 Report Posted June 7 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. Quote
ANNA_PLEASE_PETTU Posted June 7 Report Posted June 7 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 Quote
RavvaKesari Posted June 7 Report Posted June 7 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 Quote
ARYA Posted June 7 Report Posted June 7 Piccha lite…just email him that these agreements are not valid/illegal for H1b employees ani…vuccha poskonu sorrryy ani pampistadu 1 Quote
nokia123 Posted June 7 Report Posted June 7 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 Quote
nokia123 Posted June 7 Report Posted June 7 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 Quote
RPG_Rel0aded Posted June 8 Report Posted June 8 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 Quote
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