Legal Question in Business Law in New Jersey
Hello,
As a staffing company, we signed a pre-interview NDA agreement for one our employee with one of the vendor. The contract says that we need to hold the candidate "exclusively available" for 48 hours after the client interview. But the vendor came back after 6 days and now threatens us to file a lawsuit. When they approached our employee (who is an immigrant) and threatened him that they will report to INS and will trouble his H1B visa. So he sent an email that he can get an higher rate he may consider. It is our employee's response, not employer's. We just want to know how strong or weak the grounds here.
Thanks in advance....
2 Answers from Attorneys
To give you a definintive answer, I would have to read the agreements that apply. My impression based on what you have told me here is that you have good defenses to any claims. I would take issue with the vendor making threats to someone with whom you have a contractual relationship. You may be helped if a lawyer contacts them on your behalf. /p/ See also: http://info.corbettlaw.net/lawguru.htm
I would need to see the agreements to tell you what the law is on this. You have said that you got a response from them after 6 days, when the agreement is to hold the employee for only 48 hours. That does not seem to give them a reason to complain.
I would be happy to review the documents and give you advice. Call my office at 201 820 3460, and let's talk.
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