| Author | Message | ||
     Sanman Side Hero Username: Sanman Post Number: 6620 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
because the employee had nca with a vendor ? why did IBM/client pay the 1 year worth money and to whom ? prajaa court - http://imgur.com/2Z3Kx | ||
| Netsaint Side Hero Username: Netsaint Post Number: 4172 Registered: 05-2008 Posted From: 24.127.230.135 Rating: N/A |
naaku telisi desi contracts evi enforce cheyyaru. however companies like ibm,accenture deloitte etc seriously will pursue cases against employees and clients in case they are hired WITHOUT thier consent My Telugu Bhakthi Blog :http://gurugeetha.blogspot.com/ | ||
| Netsaint Side Hero Username: Netsaint Post Number: 4171 Registered: 05-2008 Posted From: 24.127.230.135 Rating: N/A |
muddha pappu lo kaalu esav. employer is not supposed to putup costs for india hiring etc blah blah.... as per h1 requirement he couldnt find a suitable amru and he hired a indian worker from offshore anthey. vaani karchulu h1 fees anni free OFFICIAL ga My Telugu Bhakthi Blog :http://gurugeetha.blogspot.com/ | ||
| Scallion Hero Username: Scallion Post Number: 12845 Registered: 05-2009 Posted From: 184.75.156.215 Rating: N/A |
chala thapu, and never give advice in legal afire.... similar situation @Qdoba, I know an instance where IBM took some one as FT and ended up paying 1 year worth money and sacked out the employee same day... Jai NTR, Jai Jai TDP | ||
| Farmer Side Hero Username: Farmer Post Number: 3026 Registered: 03-2012 Posted From: 174.253.143.127 Rating: N/A |
Edoo okati decide seyandehe gola...maa mudinepalli baaa ki pani bongu leka thedd eyyatam..meeru disco dance seyatam | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104263 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Gaali gaadi meedha jagan , jagan gadi meedha gaali cases file jesthe emavutundhi?  | ||
| Sanman Side Hero Username: Sanman Post Number: 6619 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
i am sure you know how desi consulting firms work. ee tickets ivvadaalu own gaa h1 cheyadaalu are the exceptions not the norm. h1 consulting companies are some of the most unethical businesses i have seen. of course the people they deal with are not so innocent but dol is more interested in the employer's malpractices than employee's. if she wants to play poker with the employer she has an upper hand prajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104262 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
yes my employer & many employers do sponsor flight tickets too ABSOLUTE FREE Economy class. | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104261 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
first post lo cheppaa mari aa mukka..... aame chesina oka peddha tappu ni chinna tappu addu petti koncham recover chesukunnaadu aa employer gaadu.... ee episode lo anyayam emaina jarigi unte employer ke jarigindi..but not to her Industry standard fee for Full time hire is 1/5th of annual salary; ye 60K offer anukunnaa think abt the fee. now compare it with one month of her salary thats been withheld by ex-employer PLUS we dont know how long she worked for this h1b sponsered company...kaneesam 1.5 years work jeyyakapothe aame paina pettina investment kuda raadhu...adhoka loss | ||
| Sanman Side Hero Username: Sanman Post Number: 6617 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
 project lekunda h1 file chese employers unnara ee rojullo ? flight ticket aa ? business class aa economy naa i agree with this. but the employer is not taking the high road either. musugu lo guddulaata clash of guilts prajaa court - http://imgur.com/2Z3Kx | ||
| Sanman Side Hero Username: Sanman Post Number: 6616 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
prastuthaaniki deeniki fix ayyi paduko
prajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104260 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
3,500 karchu petti h1 file jesi, india nunchi flight tikcets sponser jesi techi,relocation pay jesi, client site lo pedithe, full time employment teesukoni jump aipotaara ? inkaa company lu undala moosukovala ? u can change h1b employer which is absolute fine,but vaadu place jesina client ki FTE jump aipodam lantivi gross robbery of employer's effort , money and time poni le ani chaala cases employers ye vadilesthaaru ee jilaani batch ni in return valla paine edisthe ela ? | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104259 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Tappu H1 vallu chesi inkaa ee vedantam enti ?? mana bathukulu inthe aa ......lol
salary hold jeyyadaniki mundhu em jarigindhi ?  Actually one month salary ki kakkurthi padi ee case vadileyyadam employer tappu....poni mana desi ,mana employee ye ga ani vadilesthaaru aa company vadu case file jesthe aame BHAYANKARAM ga nashtapotundhi | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104258 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
ANY CLIENT She's been placed at by her employer its part of employment docs that we sign on day one with h1b sponsor company | ||
| Sanman Side Hero Username: Sanman Post Number: 6615 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
aina deeniki intha discussion anavasaram mana h1 bathukulu inthe ani light teesukune type aithe god bless. vaadevadu naa salary hold cheyadaniki ani kasi unte db advice kanna attorney advice better. good night prajaa court - http://imgur.com/2Z3Kx | ||
| Sanman Side Hero Username: Sanman Post Number: 6614 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
nee dash. phalana client tho pani cheyakudadhu ani undhi agreement lo. but i dont know if this is her current FT employer because he said this
prajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104257 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
 client tho undadhu & ledhu. employer i.e. aameki h1 chesina company ki aame ki untundhi & undhi | ||
| Sanman Side Hero Username: Sanman Post Number: 6613 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
poyedhi needhi kaanappudu alaage untadhi 100 200 ki kakkurthi padi 5-10k vadilesukomani cheptunnava asalu aa client tho ne ledhu agreement ani cheppaadu kadha inka em caseprajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104256 Registered: 01-2007 Posted From: 75.185.78.253 Rating: |
ee case lo NCA totally irrelevant to ur stmt....though ur stmt holds good in OTHER CIRCUMSTANCES nuvvu ippudu googling jesi kashtapadaku....i have good enuf practical experience in this stuff. $100,$200 spend jesi legal opinion ki velladam kuda bokke... Tappu jesindhi aamE... still employer cannot and should not stop one month salary.....enduku jesaadu ante, definite ga aame aa salary adagadhu vaanni ane confidence becoz she knew she violated NCA Fulltime hire 10K plus untundhi fees....He lost that fee too apart from India nunchi techi penchi poshinchina amount if he already not made enuf ROI | ||
| Sanman Side Hero Username: Sanman Post Number: 6612 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
Are Non-Competition Agreements Enforceable? Generally speaking, yes. California, Alabama and Florida each enacted statutory restrictions on non-competition agreements, each of which has their exceptions. In states that have not enacted non-competition legislation, courts have limited the restrictions that employers can place on their employees' ability to make a living once their employment ends. As a general rule, courts will enforce non-competition agreements if: the covenant not to compete is supported by consideration, meaning that the employee received something in exchange for it. the employer proves that it has a legitimate business interest to protect by restricting its employees' right to compete against it; the restriction on the employee's right to compete is no greater than that necessary to protect the employer's business interest; the restriction does not place an undue burden on the employee's ability to make a living; and the restriction is not injurious to the public. nca between employer and employee is such that she cannot start another business to compete with the employer, based on the knowledge and skills she gained during the job. i dont think nca existed between client and vendor in this case because the client would not have hired her in the first place. aa agreement edho lawyer ki chupisthe better ani initiator ki free free free salaha prajaa court - http://imgur.com/2Z3Kx | ||
| Sanman Side Hero Username: Sanman Post Number: 6609 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
i am not saying what she did is right. atlagani cheppi employer istam kaadhu kadha. i am just saying the only option for employer is to execute the nca, not withhold her pay. ikkada db lo disco chese dani kante oka 100-200 pay chesi attorney opinion teesukunte guesswork taggutundhi prajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104255 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
poni to make it correct : Ikkada FTE teesukoni nca violate jesi employer ki loss kaliginchindhi desi employee ye na objection ekkada ante, u tried to project desi employer's exploiting blah blah... | ||
| Sanman Side Hero Username: Sanman Post Number: 6607 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
thats not how the court looks at it. breaking a contract is not exploiting. penalties kuda andhulone untai prajaa court - http://imgur.com/2Z3Kx | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104253 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Basky dora garu idhi saduvukondi : http://www.expertlaw.com/forums/showthread.php?t=1115 | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104251 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Contract between End client and Vendor which allows FTE conversion of contractor's after certain months ...... is nothing to do with H1 holding Employer- Employee's NCA | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104250 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
here, first desi consultant exploited her employer | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104249 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
NCA lo month salary hold chesthaamu ani lekapoina kuda what is doing illegal 1) NCA need not say anything except what will be called as a violation....nca lo emi action teesukuntaro violation ki undadhu.....employer, depending on the circumstances , can sue her for huge amounts. 2) salary asalu NCA lekunnaa, unnaa kuda hold jeyyakudadhu | ||
| Sanman Side Hero Username: Sanman Post Number: 6606 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
how is that a mess bro ? it is the cleanest way to do things. if he nca does not say hold the pay for one month, what the employer is doing is illegal, whereas what she is doing is not illegal. she breached her contract (if that) which has penalties if executed. she can at least know her options by talking to an attorney. one of the reasons desi consultancies exploit h1 workers is because of their fear and guilt prajaa court - http://imgur.com/2Z3Kx | ||
| Xxx Side Hero Username: Xxx Post Number: 2807 Registered: 04-2009 Posted From: 166.82.172.153 Rating: N/A |
contact attorney , pay fees , ee mess avasarma ? If you are working with the client and you have a non compete clause try to resolve it with less trouble http://en.wikipedia.org/wiki/Non-compete_clause | ||
| Netsaint Side Hero Username: Netsaint Post Number: 4169 Registered: 05-2008 Posted From: 24.127.230.135 Rating: N/A |
show to attorney and get clarified whether that is enforcable IN THIS CONTEXT. generally desi employers mana deggara ninchi nonc-compete teeskuntaru but a the same time, END CLIENT- vendors letters lo CLIENT can HIRE at any time ane clause kooda unde untundi, so that cients always want to be on safe side. these are some mixed up areas. fullu strictly ante, client also agreees he cannot hire, employer also agrees he cannot join, ila untai but those would be for Special contracts or stategic longterm contracts My Telugu Bhakthi Blog :http://gurugeetha.blogspot.com/ | ||
| Sanman Side Hero Username: Sanman Post Number: 6598 Registered: 08-2010 Posted From: 66.177.5.103 Rating: N/A |
ask her to show the agreement to an attorney. the conclusion of this thread is why desi employers do stuff like that. if she signed an nca but still went ahead and took the job, nca itself will have clauses about penalties. if the employer is following some template a good attorney will easily be able to find loopholes in it. also state laws may not even allow ncas. best course of action - see an attorney prajaa court - http://imgur.com/2Z3Kx | ||
| Qdoba Comedian Username: Qdoba Post Number: 1503 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
Yes...inka final ga ade decide chesindi...
ok...will tell her to ask him....thanks again. | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104247 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Very recommended solution to her is : stop thinking abt lost last month salary. so that her employer too forget abt non-compete violation but still at any given day if her ex-employer wants to screw her, he can send a legal notice ! so too much systematic ga ee loop close jeyyali ante : eeme request jesinattu danni vallu approve jesinattu : In written Ex-employer daggara letter teesukomanandi...no violation of non-compete OR we are ok with that or on those lines | ||
| Qdoba Comedian Username: Qdoba Post Number: 1502 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
ok thanks! | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104246 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Obviously & X(she) is in trouble if A(original visa holder) wants to proceed against her violation | ||
| Qdoba Comedian Username: Qdoba Post Number: 1500 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
Read it as Now that | ||
| Qdoba Comedian Username: Qdoba Post Number: 1499 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
ok just ippude clarify chesukunna calling chesi... here is the scenario She(X) works for a desi consulting firm (A) who holds her visa....... X got a project in NJ through prime vendor (B)... A ki X madhya edo non-compete agreement undi anta that she cannot join a client(C) or change the company if she is hired by the client (C) or vendor (B)... FYI, A ki B madhya emi non-compete agreement ledu......Not that she started working as a FTE for client (C),can her ex-employer(A) still with-hold the salary ? | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104244 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
she is employee of Company Y -> which i understand a sub vendor for company X She has NO RELATION with company X | ||
| Andhrawala Hero Username: Andhrawala Post Number: 13425 Registered: 03-2008 Posted From: 174.97.225.181 Rating: N/A |
She signed non-compete agreement with Company X when worked for client A. But later she moved to client B with company X. Typically companies doesnt proceed against clients due to loss of business in future. Racha - second biggest hit Charan ke untademo antunnadu | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104242 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
Regardless of what she signed or what not, her ex-employer SHOULD NOT withhold paycheck...HE HAS TO PAY AS PER THE SCHEDULE then think about other actions
clarity ledhu scenario lo put it in Company X , y...Client A B C format | ||
| Qdoba Comedian Username: Qdoba Post Number: 1496 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
She signed an agreement with the prime vendor when she was working for her previous client. same prime vendor tho client change ayyaka she didn't sign any agreement. Is it still legal to withhold the pay check in such scenario ? | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104241 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
desi cos aithe antha tvaraga cheyyaru gani tella companies aithe inka danger....if they remain silent, do not think they are silent...On a good morning, u will be greeted by a legal notice | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104240 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
A noncompete agreement is a contract; if you breach it, you may be sued by the other party. As a general matter, if you breach a noncompete agreement, the other party (your then-former employer) could seek a legal action to get an order barring you from working for a competitor (in this case "client")which means you'd then be without a job, since you would have given up a job to take the job with the competitor. They may also be able to sue you for money damages (e.g. for any losses you caused them owing to your knowledge and contacts and breach of the agreement). | ||
| Papayya Comedian Username: Papayya Post Number: 1882 Registered: 01-2009 Posted From: 24.91.33.141 Rating: N/A |
non-compete agreements chala serious ga untai.. sign cheshaka break cheste.. million mida untadi fine.. vendor gadu kastapadi client ni chuste.. job dobbest g lo kalthundi.. client really need the person then client would negotiate with vendor and client. .they pay almost 40 to 50 k one time amount to vendor and employer if they need person.. client gadu free ga dobbeddam anukunnadu.. and ammai kuda dobbeddam anukunda? Manasakshi ni champukoni brathakadam ki savam la bathakadam ki pedda teda ledu | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104239 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
she has violated terms and conditions (if properly written one) If employer wants to be rude, he can give a lawyer notice to STOP working with immediate effect at his client site. then her new FTE employer also cannot protect her....itu new employment D ayyaka if she cannot find another employer immediately....has to leave to INDIA free ga fulltime position dobbesi one month salary kosam edavakudadhu | ||
| Onlytruth Legend Username: Onlytruth Post Number: 104238 Registered: 01-2007 Posted From: 75.185.78.253 Rating: N/A |
yes and the company will be screwed up
she will be screwed up | ||
| Qdoba Comedian Username: Qdoba Post Number: 1495 Registered: 03-2012 Posted From: 207.166.204.5 Rating: N/A |
maa friend oka aame consulting chesthu client daggara fte offer vachindi 2 months ago. prime vendor(desi) gadu last month pay ivvaledu anta..He is saying that she has signed some non-compete agreement before joining the project. Can she complain to DOL about the desi company for not paying her last month salary ? |
