work for a IT company based in india. Currently i am on onsite assignment in US for the past four year. Now i got a good offer from a US based company .My service agreement states that i have to come back to offshore and serve double the time which i spent on onsite.Notice period is also 2 months. My new employer want s me to join
within 1 month. could anyone help me understand what will be legal problems i have face if i break the service agreement & not serve the notice period . I am confused. Please help.
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i think, the consequences are huge damages which you may have to pay to the company if the company sues you for breach of contract, but that depends on the terms of the agreement. if the agreement mentions any agreed some as liquidated damages, you have to pay them. otherwise, the courts will decide the quantam of damages.
kindly also go through the NON - COMPETENCY and NON - DISCLOSURE clause of your agreement. the company may restrain you from serving another company based on these clauses.
so, please go slow. go through your agreement and do not take any decision without consulting any competent lawyer.
Thanks for your reply. So does it mean
i can\'t pursue any good opportunity.Moreover, in my deputation letter, it say at will employer.so i guess anyone can leave the company anytime. Please advise . thanks once again.

At will employer means employer has every right to decide-and it is accepted by you-only matter is that whether it violates basic human rights or unilateral clauses are there in the deputation letter.
You can always pursue any good opportunity provided that you convince the employer you are not well and unable to continue the job-to quit. And if the new employer you have found out is willing to provide a visa for you to US,you can come back to India and go on a new visa and join them back in US.
Regards,
Arun,Kuwait
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