Question about the Bond or Contracl with the Employer

[hyb12345]

I have a question about the bond/contract with my emplorer and wan to know if this is valid in the US because there are 2 controversial statements among the offer letter and the agreement letter. The offer letter say :: Please note that your employment with "MyCompany" is for no specified period and constitutes "at will" employment. As a result, you are free to resign at any time with 14 days notice, for any reason or for no reason. Similarly, "MyCompany"is free to terminate its employment relationship with you at any time, with or without cause.

At the end, the offer letter also says that :: You acknowledge that this offer letter, (along with the final form of any referenced documents), represents the entire agreement between you and "MyCompany "

And in the agreement document -- it is mentioned that the employee will be obligated to pay the Company are as follows::

$15,000 if the employee terminates this Agreement prior to the end of 8 months of service from the commencement date;

$10,000 if the employee terminates this Agreement after 8 but prior to the end of 14 months of service from the commencement date;

and $5,000 if the employee terminates this Agreement after 14 but prior to the end of 18 months of service from the commencement date

I want to know if this bond/contract is valid as the offer letter says that I can resign any time by giving 14 days notice? Also the paper that I signed on joining day doesn't say anything about the bond/contract. Further, the offer letter and the agreement letter was signed when I was in India.

[JoeF]

A penalty for leaving employment early is not allowed under the H1 laws. What is allowed is liquidated damages, but that can generally not be a fixed amount.

See 20 CFR 655.731.

I suggest you take this offer letter to a good labor lawyer. I personally would never sign such a contract.

[catx]

The first two terms & conditions (employment "at will" and entire agreement) are not uncommon, and maybe reasonable within the context of the entire employment offer and agreement.

However, the third term & condition (paymenty due for 'early' termination by the employee) is a HUGE red flag! It is counter to employment "at will" among other things, a signal of distrust from the outset, and a warning sign of possibly other issues down the road. I would never sign such an employment agreement and would not work for an employer requiring such an term & condition of employment.

[wiweq]

Ask them if they allow you to not to sign on the "bonding contract". If they don't allow, look for other job and complain to ICE. Such bonding contracts for H1b is illegal. Illegal activities like this should be reported.

[hyb12345]

Thanks a lot for providing this information. I have already signed the paper and joined the company. Also as suggested by 'JoeF', I searched for "20 cfr 655.731 liquidating damages" on internet and found few links which explain this further:

http://www.*****************

http://www.gpo.gov/f...-sec655-731.pdf