Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification
This is a common issue,
under the law in PA, the employer must pay you all wages that are owed, so they cannot hold onto the PTO payments unless a contract states they can not pay it.
You have no duty or obligation to provide them any information regarding where you will be working,
In terms of a non compete,
Non-Competes are unenforceable because they restrict competition over too broad of a territory. Oftentimes this restricted area is determined based on a certain mile radius from employer headquarters or facilities, or by a list of locations in which the employee is prohibited from competing. While these restrictions vary, the law requires the geographic scope of a restriction to be reasonable. While agreements that restrict employees from competing within a few miles of the employer's headquarters are often enforceable, agreements that prohibit an employee from competing anywhere in the world are often (though not always) unenforceable.
Unless the former employer has nationwide customers, and cleints,
any non compete without a geographic limit would be deemed overly broad.
can i share my non compete, non solicitation agreement with you
In term of a worst case scenerio,
they could sue you and force you from stop working if the Court finds you are working for a competitor,
or you have to pay some amount of money to the former employer,
you can paste the non compete here,
just a min
unfortunatley i have it in pdf.
the former employer does a federal contracting has contracts nationwide. Moreover, I am on H1B visa and I transfer my h1B visa with similar profile. the reason I left that company is becuase they could not do my Green card.
I read the non compete,
this is a very basic contract, and has no geographic limit,
and the three years may not be enforceable either,
if you are not working for an employer that has similar clients you would be fine,
at this point you should not respond to their requests, and even consider threatening them with a DOL audit, for not paying you the wages you earned, as that is a violation of the LCA they filed for you,
the new employer also does the federal govt contracting.
where are they located?
you mean new employer, they are TX based
If you are not competing with them, you would be fine, also, you do not have to provide any information to them,
The non compete without any geographic limits make the agreement hard to enforce,
I would threaten them with a DOL Audit,
can i report this to USCIS?
Pennsylvania law typically enforces non-compete agreements that meet the following criteria:
i mean non payment of the PTOs?
The USCIS may take the case, however the Department of Labor handles h1b cases and audits companies that abuse the workers
Wage and Hour/Labor Standards - State Agency
Bureau of Labor Law Compliance1301 Labor and Industry BuildingSeventh and Forster StreetsHarrisburg, PANNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Toll-Free:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Web Address: http://www.dli.state.pa.us/landi/cwp/view.asp?a=196&Q=65894
Agency Description/Mission: The Bureau of Labor Law Compliance is responsible for the administration, education, and enforcement of labor laws. As such, it provides employers and employees with educational outreach seminars, conducts investigations and resolves disputes when complaints are received.
New Pennsylvania Minimum Wage Requirements Frequently Asked Questions Minimum Wage and Overtime Complaint Form
Wage and Hour/Labor Standards - Local Offices of Federal Agency (DOL)
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionPhiladelphia District OfficeUS Custom House, Room 350Second & Chestnut StreetsPhiladelphia, PA 19106Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionPittsburgh District OfficeFederal Building1000 Liberty Ave., Room 313Pittsburgh, PA 15222Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
U.S. Department of Labor (DOL)ESA Wage & Hour DivisionWilkes Barre District Office7 North Wilkes Barre Blvd.Stegmaier Bldg. Suite 373MWilkes Barre, PANNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNN/p>
You would make a formal complaint to the local office near you for the unpaid wages,
you can also allege h1b abuse as well,
thanks. can you share your contact information if needed to contact directly.
You can ask for wallstreetfigher esq., and I can answer your questions,
We are not allowed to provide personal information as well.
If you have any further questions please do not hesitate to ask.
If satisfied please provide us with positive feedback.
Also a three year limit would be hard to enforce as well 2 years is the maximum non compete in most States,
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).