[Scorpiodude]

Hi,

I am working with company A for last 1.2 years on H1B without issue. Before coming to the US, they asked me to sign the employment agreement, which I did. The agreement had following major claus which I want to discuss.

1. If I leave the company A within 1 years, I will have to pay specified amount as damage. If I leave the company A between 1 year to 1.5 year, then I will pay less amount.

2. Non-solicitation of customers: "Employee agrees that during the term of this agreement and for (1) year following the termination of the agreement, with the company for any reason, he/she shall not directly or indirectly, solicit the trade of, or trade with, customer(s) of the company introduced or worked for under this agreement in competetion with the company."

I have till now worked on one project with following chain.

My employer (A)->subcontractor(B)->Big 3 consulting company(C)->client

Currently I am out of project (less than a month, paid).

Now there is a good consulting company (D) which wants to hire me for a project and wants me to transfer the H1 to them. Incidentally, the consulting company (D) wants me to work with same client where I worked with company (A).

I am OK with my current employer's agreement clause 1 and may ready to pay for it. But I am worried about the non-solicitation of customers clause. Can somebody please advise me whether the language of the clause is binding for me not to work for same client even though employer is not related?? What is the best thing to do during these times??

Also, there is no damage amount mentioned for breaking this clause. How much it can be? My current employer is based in PA.

Will this clause create issue in H1 transfer to company D?

Thanks for your help!

[lawanwadee]

You should be very cautious about signing an agreement that obligates you to pay $$$.. there are some issues in this agreement. If I were you, I will go to local attorney who specializes in labor and employment law.