| |
|
| |
| Hello, I'm pareshan4GC
|
|
I am from India
|
|
I last logged in on 07 Nov 2008
|
|
I have been a member since 19 Nov 2007
|
| I have added
139 posts in trackitt forums
|
|
I added my last post on 07 Nov 2008
|
|
|
|
Topic: eb3-india
That kind of strike is typical Indian way.Why dont we react in the other way(as like Japanese people?)
All the Employees work day and night in a weekend????
Well even Japanese would love you if you work day and night, the only difference is that in a shoe company strike in Japan they were making shoes for left leg only and none for the right leg. How will that make difference to the US Congress. Here if you do similar things you will be fired. |
Topic: I 485 Rejected
js1380,
Congratulations on getting receipted. You have overcome 1 hurdle. Hope that everything moves smoothly for you from now onwards.
I am seeing that they accepted your case with New Fees while all the previous 18 to 20 members on this forum whose application had got accepted were with the old fees. Did your attorney filed the new application under EB2 category or under EB3 category. I am bit confused in that. If he filed under EB2 category then you were current when he had filed it. Kindly clarify.
All the Best to you in your future endeavor. |
Topic: Gist of EB3 GITA
funny thread......hey guys dont fight......we are fighting our own brothers like we did in Mahabharta in tretayuga.....lets stop that..
A small correction friend Mahabharat happened in Duapar yug and not Treta yug.
And to the originator of the thread, If you want Moksha, GC will not give you any. You will have to take Samadhi on Kailash Parvat (now a part of Tibet). |
Topic: Employer Sued me
Katak,
1. Did you contact any attorney. It will be better to contact someone who is in PA and has an office in the same city from where you received the court judgement. Any attorney that you contact has to have a License to practice in the state of PA.
2. Did you receive the copy of the court judgement. If so what is the time bar mentioned for an appeal (in case you can appeal the judgement). It is very important that you take quick action and get in contact with an attorney who is licensed in PA.
3. All my previous points that I had given is for you to prepare your case and mention to the attorney every nitty gritty of your case. Any kind of evidence you have for your case will be helpful.
4. Whatever some one may say, you have to be strong and have faith in yourself. Other than not replying to the court, you have not done anything wrong. Getting depressed and thinking of going back will not help you.
5. Also just to let you know any court judgement is a public record and if you have received the judgement, then you are free to discuss your case in detail.
6. You can google for the attorneys in PA and more specifically in the city of the court. Also google for Non Compete Clause PA. You will get lots of link which will help you to do the spade work.
Remember you will have only 30 to 60 days (normally) to file an appeal, so it is important for you to get in touch with some attorney immediately. |
Topic: Employer Sued me
franticsky:
1. I am sorry but you have got everything wrong. I have never said that I am an attorney, but since 1980 have held very senior managerial posts in many big companies of India and have a fairly good understanding of law. My only aim was to help him and I still maintain that other than not replying to the court he has not done anything wrong.
Please read these links. They are very few and have many more which I was doing research yesterday night. I am mostly ashamed of my Desi employer who take our desi employees for a ride and Katak's case is very similar. Please do not try to degrade him by saying non performance. And it is true that if you reduce the salary or benefits for whatever reason you reduce the salary or benefits your Non compete clause is a piece of junk in all courts of USA.
http://www.smc.org/Article.cfm?id=65
http://www.katzlawoffice.com/noncomp.htm
http://labor-employment-law.lawyers.com/employment-contracts/Non-Compete-Contracts-Uses-and-Abuses.html
http://lawprofessors.typepad.com/contractsprof_blog/2005/11/court_refuses_t.html |
Topic: Employer Sued me
Franticsky,
1. I want to give Katak all legal points that he has in his favor. I do not know how much you know about the laws. Non Compete laws are different in each and every state of USA. In CA and North Dakota these agreement are peice of junk.
2. See my point number 1 in my previous posting and since his salary was lowered and his medical benefits were denied that agreement will be thrown out in one sitting of the court.
3. The burden of proof lies with the employer to show the proof that he was given the copy of the agreement. His signature has to be there of having received the copy.
4. Also you missed the wording of my point 4 in my previous posting. It is after the commencement of employement, say after 6 months. Whether you like it or not that is the law.
Please don't frighten him. We have to help him. He has done nothing wrong if he is at a later stage devoid of his medical benefits. Also as mentioned before on a absolutely similar case has been won with just point number 5 of my previous posting. All my points are absolutely valid. |
Topic: Employer Sued me
Katak,
Firstly Franticsky is right that you can ask the court to appoint a lawyer for you. I was just going through some of the laws of non-compete in the state of PA. Based on that you do have a very strong case and the court will strike down this agreement.
1. If your salary has been lowered or your benefits have been cut the non-compete agreement is no more valid in any state. State like California and North Dakota non compete agreements do not hold any water (they are not valid at all). In your case your salary was lowered and your health care benefits were denied and there fore the non compete clause is no more valid and I am quite definite the court will rule in your favor.
2. Your employer made you signed the contract and at no point had given you the copy of the contract after both parties signed it. It was only after you had given your resignation that they mailed you the copy of the contract. This itself is a wrong doing by your employer and he will be taken to task in the court..
3. In the state of PA the employer will have to show that he has the same non compete agreement with all his employees at all levels. The court can ask any of his employee to produce such a contract or ask whether they were furnished with the copy of such a contract by the employer at the time the employment commences. There cannot be any room for any discrimination towards any particular employee. Either the agreement is with all employees or with none.
4. Any non compete agreement made to be signed after the commencement of employment has to be along with promotion/salary hike/more benefits (such as stock options).
5. If your non compete clause states that you cannot work for the client or the client cannot hire you. In your case the client is not a direct client of your employer and has no agreement with your employer. You have not been hired by that client and your new employer is some other company. Remember here that the client is neither paying you as W2 nor 1099. The company paying you is some other entity. Your employer can create problems only if the technology that you are working on is the technology on which your ex employer had given you training and had spent sufficient time and money to train you up. In your case none of these apply.
So friend kindly write to the court asking them to appoint an attorney for you. You can mention the medical reason for having not replying at an earlier stage |
Topic: Employer Sued me
franticsky:
1. Well I am not giving any false hope to him. His biggest and only mistake was not to reply to the court.
2. Non- compete law has a clause that you cannot be hired by the client for 6 months or 1 year. Here the direct client for his past employer is the vendor/middleman and his place of work is the clients place.
3. No Non_compete clause can say that you are hired by a third party and they cannot send you to work at the same client place. Wouldn't this clause be totally foolish as that cannot be binding on any third party entity. If he has such a clause that itself will be NULL and VOID.
4. It is my believe that his past employer is feeling that the vendor has hired him and has placed him at the client place (Now that would be wrong and Katak will be in problem in such a situation).
5. Any legal notice should be replied. It is after that the court decides whether this case has any merits to be admissible or not. His main problem was not reply to the court, which he should do immediately. |
Topic: Employer Sued me
MrVulcan:
DOL cannot be of any help as according to DOL, the employer has to pay at least 90% of the minimum wages stipulated in the LCA. If he has paid 90% or more of the minimum salary, then DOL will not take up the case. |
|
|
