I am really looking for some help here.
I recently joined VA based company B ( 7 days before) with H1B change of employer option.
I am working on receipt number which is premium process.
I was working with employer A for 10 years ( 7 years offshore, 3 years USA) and resigned to join company B. Reason for resignation was personal issue. I wanted to work from VA with company A having client office there as well. I was working in CA for company A’s client.
I do get constant calls from Employer A requesting ( Polite request) them to join and work from VA.Looks like A’s client wish to have my services and ready for my movement in VA. A is ready to file petition and make me work from VA.
Question : Can I resign from B (Its only 7 days I am working for their client). I have signed aggreement with B. As per that, I am liable to pay $ 6000.
Agreement also says, leaving company B before 12 months will have irreparable damage to company which can’t be measured in money.
I am ready to pay $6000 to company B as I am unfair with them. Company B is small consultancy where as A is big MNC.
Can Company B file lawsuit in VA if I am ready to pay liquidity damage. I am mor worried as verbiage in agrrement says damage is more and money wont repair.
I did discuss with employment lawyer over phone. He said you should be fine if you pay them $6000.
I am more worried about his irreparable damage. I agree, I am unfair with B. But I would like to be with big company which supports in documentations. I never faced RFE with Company A. Company A honored my personal request now.
Company A and B do not share common client. Only thing is City is same and both are IT firms. I think , I am not breaking non compete clause.
Could you please let me know what could be worst situation. I am ready to pay extra $1225 which company B paid for premium process.
One thing I know is company B do not havee control on my work. All work is being done by vendor and cross vendors at client location. B only hold visa.
Can I make use of this point to prevent lawsuit to breach agreement and resign within month of joining.
Looking for advise and input if someone faced this situation.