Employee Confidential Agreement

[Sri Sri]

Hi Team,

For the past 1 year, I was working for a client thru Indian IT consulting firm and they have applied for my H1-B. In the process of applying for H1-B, I was asked to sign a offer letter and a confidential agreement. I didn't notice that their is a clause that tells that I have to pay $5k in return for the Indian employer incase I leave the company upon my H1-B approval. 

I heard from my friend that, it is illegal for the employer to ask an employee to sign on such agreement as because, employees are given a chance in USA to leave an organization if they are not willing to continue to work. Please let me know what are my options.

PS: I was asked to pay the RFE fees for the Attorney and I worked with the consulting firm for 1 full year.

Thank you!

[pontevecchio]

Run the contract by a LABOR Lawyer in your state and see what he says. Some agreements of this nature may be valid.

[JoeF]

File a complaint with DOL on form WH4.

 

[Sri Sri]

Hi @pontevecchio & @JoeF,

Could one of you suggest me to a lawyer who can help me with this case ? Without any notice, my previous employer sent me a notice from a law firm that I will have to pay the amount within 10days. I got the mail on 11/18 and I just checked it today :(. 

[JoeF]

Search for the Bar Association website in your state. They have a lawyer referral service.

And btw, what did you do between Nov. 1 when we told you to run this by a lawyer and now?

 

 

[Sri Sri]

Hi @JoeF, After I checked your response, I emailed my employer. I thought it would not be nice if I directly go to an attorney without acknowledging them. After I emailed them, I thought I will hear back from them about the legality part of what I signed. I mentioned to my employer that, if that is legal, I will pay the amount because I do not want to violate any laws. Instead, replying to my email, they sent me a lawyer notice. I'm repenting now. I should have just listened to you guys. However, thanks for taking the time to reply to my questions. I will try to keep this post updated based on what I hear from Bar Associates. Have a great weekend !

[cost1927]

Mates,

I work for a employer A, A is not running my payrolls as I dont have client for a while and no job. 

Now I need paystubs , which A is not providing me and saying you dont have working hours. Can I raise DOL complaint.?

[JoeF]

On H1, you have to get paid ALL THE TIME, even on bench without a project. The employer knows that.

If he doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

And find another employer.