Need suggestion - Legal Notification from employer

[krishnapm]

Hi Murhty dot com viewers and experts,

I request your valuable information for my problem with my employer.

I worked for on of consultant for 5 months last year, who actually filed my H1 in the beginning. During that time I accepted offer which has an agreement for 2 years and a clause that says I need to payback 10K if I leave the company before that contract.

Now I got a notice from a lawyer asking to pay 10K. The reason he is saying is

1. Company put substantial effort in training me - In reality I have not received any training. I have to prove that as I never been to his office in 5 months duration. I was at client location all the time.

2. Non-compete agreement: He is a consultant and don't have a direct client. Even I was not with any of his vendors. Is is valid in that case?

The actual reason I left the company is due to the fact that

1. delays in payments. I did not get any payment for first two months. Also I got the last payment, 2 months after, I left

2. the company does not provide any group health insurance. I had to pay insurance on my own.

I need all your valuable suggestions to proceed on this.

Thanks in advance for all your inputs.

[JoeF]

You need to contact a good immigration lawyer.

A penalty for leaving employment early is not allowed for H1. What is allowed is the company asking for liquidated damages.

As for your salary, you always need to get paid. If you didn't get paid properly, file a complaint with DOL on form WH4. The DOL will make them pay you.

[wiweq]

Leaving company is not the answer. Complain to DOL using Wh4, and ICE. Discuss your mentioned problems to DOL people they might help you for these too.