Defend of employment contract breach

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Latest post 09-28-2011 8:52 PM by Mandyshri. 4 replies.
  • 09-28-2011 6:48 PM

    • Mandyshri
      Consumer
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    • Joined on 09-28-2011
    • NJ
    • Posts 3

    Defend of employment contract breach

    Hi,

    1. I had signed the training contract with Company thinking that I will good training so that I can be placed for my job. They have sent me to India for training on their expenses for roundtrip fair,training charges and living accommodation. The experience was really bad as proper resources training were not in provided. The training was provided with beginners level training. 
    2. Then they were expecting me to work for their Top 500 fortune client after counterfeiting my resume for five to seven years in trained technology. 
    3. They did not pay me training stipend of $1200 per month also, which they mentioned in their marketing notice and promised in email by one of their recruiter. I have email copy for that. It is not mentioned in training agreement.
    4. Now they have sent me the cease and deceit letter( Claim Notice) by their firm lawyer to pay them $5000 for training fee and $1000 for lawyer fees. Otherwise they will file lawsuit against me

     Do you see if I can win the case if I defend the lawsuit against me ?

     

  • 09-28-2011 7:42 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,508

    Re: Defend of employment contract breach

    Laymans guess:

    Cease and desist what?

    Lawsuit for what.

    If the deal was $1200 a month training stipend why have they not paid same--and why have you not demanded same in writing to be paid. BUT if the $1200 is not in your specific deal--it may not be there --you were not alert to the switch--and  you might not get it.

    Who falsified the resume to induce major client to pay on basis on experience you didn't have?  I'll be the major client will really love learning about plan to deceive them.

     

     



  • 09-28-2011 8:05 PM In reply to

    • Mandyshri
      Consumer
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    • Joined on 09-28-2011
    • NJ
    • Posts 3

    Re: Defend of employment contract breach

    Cease and desist what?

    A claim notice letter for training agreement breach to pay training company the training fee! 

    Lawsuit for what.

    If I do not pay them training fee which is $5000 and attorney fee for $1000 then they are going to file lawsuit against me. I also have to pay for all the legal charges for the lawsuit. They claim that  I have finished the training underthem which I do not because I left the training in midst as I got to know about their fradualent activities!

    If the deal was $1200 a month training stipend why have they not paid same--and why have you not demanded same in writing to be paid. BUT if the $1200 is not in your specific deal--it may not be there --you were not alert to the switch--and  you might not get it.

    I have in written from one of their employee to get paid for stipend of $1200 per month but it is not in the training agreement/ contract which I have signed before undergoing training.

    Who falsified the resume to induce major client to pay on basis on experience you didn't have?  I'll be the major client will really love learning about plan to deceive them.

    Their are many Dei( Indian) IT consulting firms which do that. I got to know it later on! I have their emails from their employee to help me with falsifying the resume.

    Do you think I have chance to defend their lawsuit  or I should pay them training 

  • 09-28-2011 8:24 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,508

    Re: Defend of employment contract breach

    I think you are on the losing end of the approaching debate. Odds are by quiting the training you triggered a duty to repay the training.  Now you might have a defense that training was not as per contract  (but I'll bet contract failed to spell out  a specific training program.) 

    Not clear if this is subject to  some US state jurisdiction or  Indian jurisdiction .

    It may depend on how much dirty linen the employer has --but my guess is they have a couple of lawyers who do nothing but  chase down folks who breech the training contracts --they want their reputation on the street to be "tough."

    At a time when 1000's of Americans are losing jobs to outsourced IT contractors in several foreign lands I think it might make interesting press to expose  that such contractors routinely deliver folks with  exaggerated credentials to major firms who are not as bright as they think they are (but it won't assue you of a successful defense ) Cheap labor isn't always so cheap.



  • 09-28-2011 8:52 PM In reply to

    • Mandyshri
      Consumer
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    • Joined on 09-28-2011
    • NJ
    • Posts 3

    Re: Defend of employment contract breach

    Thanks for you consultation.

    I am thinking of paying them their training fee since the rules are not clear!

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