garrygood Posted December 23, 2016 Report Share Posted December 23, 2016 Had signed agreement in Delhi, India with Company A . Employee will remain in the employment of the Employer for a minimum period of 3 year and during the said period work on project(s) to be assigned by the Employer and if will leave before that will pay X amount of money which very high of the actual expenses and plus delay damages of Y amount which is substantial amount. Employe comes and works in US and they he is transferred to Subsidary concern of A i.e B company with in 30 to 40 days. Employee didn't sign any contract with B company (But B is subsidiary of company A) Company B does not treat employee well and he plans to switch to C company outside. Will contract of Reimbursable expenses and Delay damages of very high amount then actually incurred will be applicable in New Jersey. How can he cleanly close this. Link to comment
JoeF Posted December 25, 2016 Report Share Posted December 25, 2016 First off, a penalty to leave a job before an agreed-upon date is illegal. Second, while the employer is allowed to ask for liquidated damages, that has to be a reasonable amount, and it gets less over time, since the employer recovers any expenses he had through the employment of the person. And of course, this would have to be signed before actually starting to work for the employer. Such stuff is never allowed after the fact. This is outlined in 20 CFR 655.731. You should discuss your situation with a good immigration lawyer. Link to comment
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