L2 Visa - Desi Consultant threaten to sue me and my wife

[san2710]

My wife received an offer from Desi Consultant and since at that time she did not have any offer sheaccepted their offer and signed the offer letter. Consultant started background verification and then she received FTE offers from a company. So, she said the consultant that she cannot join and sent them a written communication.
She have not joined the consultant, and now he sent her an email saying that he will sue for damages and loss income for his company.
My wife is on L2 Visa with EAD.
I just wanted to ask, if they can sue us? I

Please guide us, as they are threatening on calls as well.

[R78]

Depends on what the offer letter stated / what she signed.
If the offer letter was infact for a contract role for a certain number of months, then by signing it, she accepts the terms of that contract.
Usually if an employee backs out of an offer letter, and the employer can show that this caused harm / business losses, then they can pursue legal action.
I would highly advise you contact an employment attorney and get their legal opinion.

[san2710]

Our offer letter did not say anything about working for certain number of months. Infact, it has the following as point 2:

2) AT WILL STATUS Not withstanding any other provisions in this Agreement, the Consultant’s employment with the YYYY CONSULTANCY FIRM remains at all times at-will. This means that either the Consultant or YYYY CONSULTANCY FIRM may terminate this Agreement and Consultant’s employment with or without cause and for any reason at any time without notice.

This is also applicable after we join the firm. Joining date provided in 07-06-2020, which means we have not joined the firm officially.

[Libra_14]

Our offer letter did not say anything about working for certain number of months. Infact, it has the following as point 2:

2) AT WILL STATUS Not withstanding any other provisions in this Agreement, the Consultant’s employment with the YYYY CONSULTANCY FIRM remains at all times at-will. This means that either the Consultant or YYYY CONSULTANCY FIRM may terminate this Agreement and Consultant’s employment with or without cause and for any reason at any time without notice.

This is also applicable after we join the firm. Joining date provided in 07-06-2020, which means we have not joined the firm officially.

This is self-explanatory. You are not at risk.

By not joining their firm, you are causing loss of their initial investment & future income. Which may be in some thousand dollars, I don't think they'll sue you for that small amount. They just intimidate to get the person onboard.

You too can threaten them, that you can sue them for harassment or any other way (to USCIS). Better to have that email sent from an attorney (may be few hundred dollars charge).

[san2710]

Thanks a lot.

[R78]

Should not be an issue then

[L1A_asp]

Happened to my husband.We are in bay area and my husband got contract position in a BIG company via desi company.Since he got better offer my husband dint join.By then all background checks were completed.The desi company guy called and threatened my husband .My husband gave it back saying we also know law and labour commission rules etc.Then the guy backed off.

They get upset because they would have told the client that you are joining and loss of their billing etc.But there is no bond like situation in US.You can leave on the same day without giving notice.
Thats what they do when they fire you.Same day you exit.However as courtesy people and company give 15 day notice.But there is no hard and fast rule.

[Libra_14]

Happened to my husband.We are in bay area and my husband got contract position in a BIG company via desi company.Since he got better offer my husband dint join.By then all background checks were completed.The desi company guy called and threatened my husband .My husband gave it back saying we also know law and labour commission rules etc.Then the guy backed off.

They get upset because they would have told the client that you are joining and loss of their billing etc.But there is no bond like situation in US.You can leave on the same day without giving notice.
Thats what they do when they fire you.Same day you exit.However as courtesy people and company give 15 day notice.But there is no hard and fast rule.

Agree, In USA the laws are always in favor of employees.

Thanks for sharing L1A_asp