Need clarification on employment agreement

[chinnag]

Hi 

I need a clarification on the following query.

 

Currently, I am working with 'X' employer and recently got the better opportunity with 'Y' employer (transfer of visa got approved) and decided to move on but my current employer(x) is threatening and saying I am violating of employee agreement signed in the offer letter.

 

To give a little more background,  X employer (consulting company) has offered me the job and if I leave the employer within the first year of employment, I have to pay $ X amount (Here X is huge amount) as part of liquidated damage and I have signed in the offer when I was in my home country.

 

Here I almost completed 1 year (11 months) with this employer as the full-time employee (as per the offer) but have completed with the client around 9.5 months and hope I am not responsible for this client as I have committed only for the employer and not for the client.

 

Based on this clause, the employer is saying I have not completed 1 year with the client and he would want to proceed with the legal action.

I just wanted to know, Are these agreements are legal in the USA?

Please advice me on this matter ASAP.

Thanks.

[JoeF]

You need to discuss this with a good immigration lawyer.

Asking for liquidated damages is allowed, but just calling it that doesn't always make it liquidated damages.

 

[chinnag]

The agreement says, In addition to the amount X, need to serve 2 months as a notice period.

[chinnag]

On 3/4/2017 at 1:12 PM, JoeF said:

You need to discuss this with a good immigration lawyer.

Asking for liquidated damages is allowed, but just calling it that doesn't always make it liquidated damages.

 

As part of liquidated damages they mentioned it as marketing, training, travel expenses, lost profits and legal expenses..

but they didn't provide any training and no proof.

Please advice whether I have better chance to win on this..