What is the name of your state (only U.S. law)? The state where my consultancy is situated is Illinois. But I am working for their client/vendor in Texas. But I am still being deducted state taxes as if I was working in Illinois.
Now, here's the scenario
I am on F1 student visa and my 12-month OPT period will expire in Jan 2011. In April 2010, I signed a 15 month contract with a consultancy. The number of layers I have between my consultancy and the end-client is A->B->C->D where A is my consultancy and D is the end-client. B is another consultancy and D's project is being done by C. I want to leave A and join B because they have offered me a much better salary. I have mentioned the agreement terms below. Can I give $5000 to my consultancy, terminate the agreement and join B? Will there be ay legal issues? My agreement does not denote the definition of "Client".
Here are the agreement terms:
The consultant has agreed that he will work with the Consultancy as an employee or a consultant for at least for the period of 15 months from the start date. In the event that the Consultant decides to leave the Consultancy, then he will reimburse any administrative and processing fees and an additional amount of $5000. Furthermore, the Consultancy can terminate the agreement at any time without any obligations if they find the candidate's performance unsatisfactory. Other settlement's may be reached if both parties decide to end the relationship.
During the term of employment, and for 12 months after termination of employment , for whatever reasons, Employee agrees not to, in any individual or representative capacity, directly or indirectly, solicit, provide or attempt to provide any services to or for the benefit of any Client to which employee has provided services in any capacity on behalf of the Consultancy, or to which Employee has been introduced or about which Employee has received information through the Consultancy or through any client for which employee has performed services in any capacity on behalf of the Consultancy unless mutually agreed to in writing and signed by the Consultancy and the Employee.
If the answer is No after reading all these, will there be an alternative because
My consultancy A has forged my resume with many years of experience and have charged B with a rate based on that experience. I discussed this with B and they said they are fine with it and they are ready to take me even though I am not as experienced as mentioned in my resume because I am doing a fine job for the end-client D.
Now... do we have any alternative? Does me being on OPT make me immune from this agreement? etc
Now, here's the scenario
I am on F1 student visa and my 12-month OPT period will expire in Jan 2011. In April 2010, I signed a 15 month contract with a consultancy. The number of layers I have between my consultancy and the end-client is A->B->C->D where A is my consultancy and D is the end-client. B is another consultancy and D's project is being done by C. I want to leave A and join B because they have offered me a much better salary. I have mentioned the agreement terms below. Can I give $5000 to my consultancy, terminate the agreement and join B? Will there be ay legal issues? My agreement does not denote the definition of "Client".
Here are the agreement terms:
The consultant has agreed that he will work with the Consultancy as an employee or a consultant for at least for the period of 15 months from the start date. In the event that the Consultant decides to leave the Consultancy, then he will reimburse any administrative and processing fees and an additional amount of $5000. Furthermore, the Consultancy can terminate the agreement at any time without any obligations if they find the candidate's performance unsatisfactory. Other settlement's may be reached if both parties decide to end the relationship.
During the term of employment, and for 12 months after termination of employment , for whatever reasons, Employee agrees not to, in any individual or representative capacity, directly or indirectly, solicit, provide or attempt to provide any services to or for the benefit of any Client to which employee has provided services in any capacity on behalf of the Consultancy, or to which Employee has been introduced or about which Employee has received information through the Consultancy or through any client for which employee has performed services in any capacity on behalf of the Consultancy unless mutually agreed to in writing and signed by the Consultancy and the Employee.
If the answer is No after reading all these, will there be an alternative because
My consultancy A has forged my resume with many years of experience and have charged B with a rate based on that experience. I discussed this with B and they said they are fine with it and they are ready to take me even though I am not as experienced as mentioned in my resume because I am doing a fine job for the end-client D.
Now... do we have any alternative? Does me being on OPT make me immune from this agreement? etc