I talked with my prime vendor and they are happy to bring me on board . They asked me if i have any agreement with my current vendor and i said no. Ghar ayera herchu esto lekhya chha. Does this really means i am screwed? I do not need any H1b sponsorship from them so what are my best options here ? Can I ignore below statement ?
First says its at will and i can terminate at any time i want
Second says I need to pay 8K if i do so
3rd says i cant take employement from its vedor .

Kura bujna garo bhayo... Aaba maile k garne???

Anyone been thru this situations? What did you do? Please help me get out of this mess ....


This is an “at will” employment and may be terminated either by ----. or you at any time.
Therefore, this will not be construed as an employment contract and you and/or ---. may end this employment relationship at any time with a prior 2 weeks` notice.


This agreement cannot be terminated until one year form the date of its execution which is Start Date of the project. In case of violation of this clause you will have to pay--=== a financial damage of $8000.

During the period and continuing until 1 year in which you are providing services to the client, you agree that you will not be directly or indirectly soliciting business of or from or seek or accept employment with our clients or its vendors.

I think 2 weeks is standard. It could be fishy.

Do you think I would be in trouble ??

mikel, if you don't need sponsorship from them than you don't have to worry about anything. If they scare you and ask for the money than tell them that what they are not doing is right and you will file a complain to Department of Labor. I am assuming they are Indian Consultancy, no need to worry about it brother. I just ditched one by saying the same thing.

Mikel, if you are in EAD keep other companies in loop, in case you quit or you are off the board you can jump in another company right away. Do not worry about the 8K , they will not do a damn thing because they could lose their own company and the attorney charges are more than 8K for that case, which is not profitable for them at all

I have my GC so i do not need any sponsorship or anything. I just dont want them to take my money for nothing for long period. Company is offering me fulltime and i told them i need sometime to think about it coz i am not sure if i want to stay in this place or not . Thats what i told my manager and she is fine untill 2015 . Untill than i dont want Indian consultancy to take my money. If i Switch and dont contact them at all i beleive i wont be in trouble right?>

If I had GC and Company is offering me fulltime ,
.....
I will jump in right Away
,,
Good Luck

and I will tell my current company, I am going to Nepal for vacation , I am getting married in 3 months and 3 months honeymoon ,etc

I dont want to stay in this cold snow place forever man. MInnesota sucks bigtime in winter. Can imagine staying here for rest of my life .

Thanks for the heads up guys, Ali ananda bhayo. :)

They can't do anything. If they hesitated or started acting like tools, I'll 'teach'(for the lack of better word) you the proper way to recoup your hard earned dinero.

So riddle i dont say word to them and just switch over?

No. Give them a 2 week notice and tell them you're quitting this job to go home citing some personal reason.

Make sure you and your vendor are on the same page. If you've reached an agreement, then consultancy has no other choice. If they start dicking around, tell them to fuck off which they will. If they start bullshitting with you, then you'll need to follow a few instructions.

But stay assured, legally, they can't hold your wages. They have to compensate you for all your hours. They'll try some uncanny moves, sure, but they'll soon start realizing they're no longer working with a harilatthak torilaure.

Sounds like a Plan. Thanks Riddle.

Sorry mikal - today being Friday and I being drunk I have not read through all the detail in this thread .I think I have an opinion about the 'Non Compete' part of the employment contract. If you don't mind please could you answer the following question (in the following made up scenario)
Client = Bank of Yamrica; Prime Vendor = Accenture; Ramro Vendor = Co. A; NJ ko Jhoor Desi Vendor tara mero employer = Co. B.
1. I am working for Co. B, where Ramro Vendor is Co.A and Prime Vendor is Accenture. Right now, Co. A is offering me Full Time Job so I will join Co. A for a Different Client (say, United Health Group).
2. I am working for Co. B, where Ramro Vendor is Co.A and Prime Vendor is Accenture. Right now, Co. A is offering me Full Time Job so I will join Co. A for same client Bank of Yamrica.
3. I am working for Co. B, where Ramro Vendor is Co.A and Prime Vendor is Accenture. Right now, Accenture is offering me Full Time Job so I will join Accenture for same client Bank of Yamrica.
4. I am working for Ramro Vendor Co. A and now being offered Full Time Job by Accenture and I am joining Accenture for the same client.

Malai bhanna aayena...but the question is..timi le dhoti ko company jasle timi lai aaile paycheck dii raa cha tyaslai chadera arko ramro vendor company ma jana laa ki sidhai client ma jana laa...based on their 'Non Compete' they can and I am saying from my observation that 'they can' file a lawsuit. Lawsuit file bhayo bhandai maa timi le harchau bhanne chaina..dhoti company lai arko lawsuit halera thik parna sakincha..tara there's a lot of hassle. I will write more wen I am sobber. Your take please.

Please ignore my earlier post. So you are being offered a Full Time job with the Prime Vendor. Congratulations. The only thing that you are concerned about is that your current employer may claim that the prime vendor, who is now offering you a full time job, is their 'Client'. From a 'Non Compete' perspective this is what they will claim that you had violated. That you are taking their business because you used your employment with them to get a better deal (i.e., Full Time Job) with their client.
I know this is all baloney but from what I have been observing is that there is a New Jersey based attorney out there who is taking all Desi Consultancy cases like these and filing a 'Summon' in NJ County Court. Now, filing a summon only costs $150 for him but when you receive a 'Court Summon' with you as a defendant, it's obvious to be scared. Don't fret we can collectively defend these 'a**h**s'. You are right about employment at will. Plus, you should not have any issues if you give a reasonable notice. Lastly, just to be on the safe side, can you look into your employment agreement with them and see if any of the wording in the contract (i.e., employment agreement) says that you cannot work for their client (e.g, provides a specific name like United Health Group, 3M, Best Buy, Ameriprise, Target or specifies prime vendor names like Accenture, TekSystems, Cognizant, TCS etc) for a period of time after termination of your relationship. Meaning, if the contract specifically forbids you from directly entering into employment relationship with a 'Named' party then they might have a case, albeit an insignificant one. If the contract does not specify names and only generically mentions that you should not enter into a relationship with their clients, then we don't have to worry. They cannot take that pointer to hold you into a relationship of 'indentured servitude'. In any case, Mikel don't worry. Non Compete is very specific and these desi consulting companies have cannot use it's broad provisions to sue you. Best of luck.

Kalidasbhaisaab, how high/drunk were you when you posted your previous reply?

dude, patta bhaye pachi ra halka experience bhaye pachi k taaai na tuii sanga prime vendor ko ma janchau. khurukka aarko ramro thau ma full time khojana .
They may not file a suit but that wont be a case for everyone. they have right to file a case against you for stealing their business from their business partner (prime vendor) and this is not illegal to mention in contract. I have not read all the replies, but a friend of mine was in that boat, got some kind of court letter or something from the lawyer of that consultancy. but he settled it down paying few grands as suggested by his lawyer.

Thanks guys for your generous output. I have finally decided to go to Prime Vendor since they are offering fulltime and says they are willing to pay me if i am in bench for more than a month just incase i am out of project. They have managed services with many clients so i am hoping that wont be a case.
Bhad ma gaye consultancies and their binding paper. If they file a lawsuit tyahi bela dekha jayega but for now I have already email my current employer that i wil be out of country for couple of months and will be contacting them as soon as I returned back so they can start my marketing. (aru ni kura milayera lekhya chu that will make them beleive)

I hope everything works out well. Prime vendor lai ni balla balla fakako chu project sidyo tyasko bhanera bhande bhanera. He is willing to do so and ofcourse there is a cost for it but its worth it.

Cheers to freking weekend which is almost over.