Can employer ask for refund and liquidated damages for not joining after H1B transfer is completed?

[VXP]

I did H1B transfer through company X for client Y. The H1B received RFE before set start date. I was clear from Beginning that will I’ll join only after H1B approval. Since start date was approaching and client was not ready to extend start date, company X was forcing me to join on H1B receipt. They also provided me illegal options on the phone to take 2 weeks break at my current job and join their client. I was firm on my stand to join only after approval.

Since I did not join on the proposed start date, client x cancelled position and started new recruitment process. Eventually my H1B visa approved and company X was asking me to join. I declined the offer because of rude behavior of company and looks like client also cancelled position. I don’t have any evident that position was cancelled but can be clarified with client Y.

I had signed offer letter and employee agreement saying I’ll be responsible for incurred damages if I don’t join. Company X has now sent me demand letter through attorney to pay for incurred liquidated damages. What kind of attorney I would need to respond demand letter? Can employer ask for liquidated damages even if I am not employed?

[iamsam321]

What happened to your case ? 

I am also facing the same issue, i dont want to join the consultancy which had a LiqDam clause of 12 months.