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I worked for software consulting company, they signed a memo. of understanding with on of their client (I was working with as consultant) that my employer cannot re-hire for 3 years and they will pay my client 10K USD for this MOU. I want to know if I can challenge this MOU. My employer was not an employment agency.
Optional Information: State/Country of Question: New Jersey Already Tried: I have talked to lawyer and not find any suitable solution
I am not sure how you can challenge this agreement if you were not a party to the agreement. Does your previous employer want to challenge it so he could hire you back?
On the basis of that MOU the company actually brings me to US took take of my relocation and made me sign an undertaking in home country that I cannot leave them before 18 months and in that event I will have to pay the expenses incurred by that company (not my employer) by that MOU i felt that I have been sold out to this company.I left my employer and indirectly breached that undertaking as well.I have talked to a lawyer and he told me if my company is not registered as an employment agency (which they are not) then they cannot charge a fee for referral or sign that MOU.that MOU is directly affecting me so I want to bring them to justice.Looking for your help.
I do not know much about employment agencies and how they are governed, so I will opt out at no charge to you. Maybe someone else will be able to assist you.
I am licensed in NJ. I do not see a challenge to the agreement herein. The parties can so negotiate as you described and by not being a party to the agreement you moreoever lack standing.
but I have been a victom of that agreement, the other company using that against me stating whatever they paid under that MOU is an expense on me and they want me to pay that amount.
But the problem is that 2 companies can agree not to hire. A company can choose to do so without consideration and for no reason in New Jersey. You can seek to negotiate with them a reduction in time or a waiver but that is the extent of it.
On the basis of that MOU the company actually brings me to US took take of my relocation and made me sign an undertaking in home country that I cannot leave them before 18 months and in that event I will have to pay the expenses incurred by that company (not my employer). by that MOU i felt that I have been sold out to this company, I left my employer and indirectly breached that undertaking as well.I have talked to a lawyer and he told me if my company is not registered as an employment agency (which they are not) then they cannot charge a fee for referral or sign that MOU.that MOU is directly affecting me so I want to bring them to justice.Looking for your help.
If it is not an employment agency in not being duly registered you stand a better shot. Consider a complaint to the state attorney general office and negotiating a total release with them on that basis preferably through employment counsel.
Is there a way to find for sure if these companies are not listed as empolyment agencies, I have asked on of directors and he told me that we are not employment agency.also, how can I contact state attorney general, can I do it myself or do it need to hire a lawyer. any referalls for employment counsel??
You can check with the BBB and state attorney general office that can locate such information for you. You can make these inquiries yourself or through a lawyer. You can find local counsel on www.lawyers.com
I forget to mention one more thing that I am on H1 B visa.the company who signed an undertaking with me in my home country have a clause in that agreement that in case of any dispute the complaint can only be lodged in court of that country.I am not sure but can I still complain about that undertaking here to seek justice that the company cannot have this kind of bonds.
That makes it a harder claim but unless the company raises the jurisdiction defense, in arguing the agreement is invalid you can further argue it is invalid in full including the jurisdiction clause. It is not an easy position. Kindly accept my answer.
I will surely accept your answer.just one more thing, is it possible to file a law suit for damages (caused to me for their wrong doing) once court nullified those agreements?
If you are able to set them aside you can ask in the same application for court costs and legal fees.
Experience: Licensed attorney helping individuals and businesses