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[an error occurred while processing this directive]| By Sarah Hayne | Date: 5/4/2001 |
Last week, CNET News reported on the case of an Indian programmer, Dipen Joshi, who sued his employment agency, Compubahn, because of what he felt was an overly restrictive work contract. The lawsuit which began in January last year had its final ruling on April 18, 2001. According to the article, Mr. Joshi's contract required him to pay a $25,000 "finder's fee" to Compubahn. A second provision in the contract stated that he must repay all relocation expenses and immigration fees if he left Compubahn after working for the company for fewer than 18 months. Finally, he was forbidden from "working directly for a client or having 'a meeting to discuss the possibility' of doing so for a year after his departure from Compubahn." After Mr. Joshi left the company to work for Oracle, Compubahn mailed him a letter demanding that he pay $77,085, the penalty fees listed in his contract. At this point he sued the company for violation of a California unfair competition statute as well as fraud and misrepresentation. On April 18, the judge ruled in Mr. Joshi's favor and awarded him $207,051.50 in attorneys fees and $7,999.11 in other expenses. This ruling could open the doors for other H1-B employees to escape overly restrictive contracts with other employment agencies.
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