i am working on H1B and was trying to switch job and a staffing company contacted me and asked me to sign employment agreement, which had Effective Date, but initial term of agreement From and To Dates as TBD. I was informed that the contract was needed to schedule for an interview with clients and i signed on this before the interview and accepting the offer.
I got through the interview and they sent me an offer letter, but i decided not to join and declined their offer on the same day. since then that staffing firm is emailing forcing me to join and saying i have breached the initial contract which i signed before the client interview.
I have not shared my H1 B details with them, I am confused as to what did i breach, please advice.
This seems to have more to do with the wording of your contract with the staffing company (likely that if they found you a job at a certain level you were required to accept it or owe them some money, but possibly something else). So you will probably not get a clear answer on this website since your question will require specific review of your contract and the H1B with an attorney of your choice.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, the contract may not be enforceable if (a) due to language and other issues, you did not understand what you were signing, or (b) material terms (such as dates) were not set forth). You do not have to work with this company - they cannot force you to do so. If you breached the contract, you may owe money damages, but I'm unclear as to what those would be at this juncture. You need to have the contract and any written demands sent by the company reviewed by an attorney ASAP.
/Christopher E. Ezold/
I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. My practice includes employment, business and health care law. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline