Article IV-Covenant Not to Compete of your employment agreement violations. False Representation

Asked 6 months ago - Bemidji, MN

I was hired by a consultancy firm [say A] saying they'd find me a entry level position. I got a job with client company [B] with a vendor [C]. But I came to know they[A] falsified my resume and sent me for a senior level position. I signed a employment agreement w that says I have to stay with them for certain number of months and I cannot join the client company. Now, my client offered me a junior level position as they were happy with my work, and i decided to accept it. They sent me a legal notice saying I cannot take this position because I signed the contract. I am in OPT and the [A] do not hold my H1b as well. Can they take legal action in this case. Can I sue them for falsifying my resume and for the false representation. I am seeking for some legal advice. Thanks in advance

Attorney answers (3)

  1. Maury Devereau Beaulier

    Contributor Level 19

    2

    Lawyers agree

    Answered . Your matter is complicated and requires experienced counsel to review the agreements and documents to determine if there is a viable challenge to the agreement.

    Disclaimer: Nothing in this email message creates an attorney client relationship absent a retainer agreement... more
  2. David Lee Lewis

    Contributor Level 9

    2

    Lawyers agree

    Answered . Before worrying about suing company A for falsifying your resume, I would first find out if the non-compete agreement is enforceable, if I were you. If the non-compete is unenforceable, then you'd be able to have your new job, which is the most important thing I assume. Many attorneys will review your non-compete agreement, more than likely for a small fee.

    As for suing for falsifying your resume, you would have to show that you suffered some form of damages. It sounds like you not being able to take the position with the new company stems more from the non-compete than anything else.

    Bottom line: You should have the non-compete reviewed before doing anything else.

  3. Tricia Dwyer

    Contributor Level 19

    1

    Lawyer agrees

    Answered . See prior response. You should confer with an attorney for legal advice for your personal issues. You appear to have multiple legal issues. If you were hypothetically to seek recourse as to misrepresentations and falsehoods, a concern is what damage (harm) you've suffered. Tricia Dwyer Esq.

    MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal... more

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