Urgent query about employee contract agreement

[suman_ks]

Hello All,

I came to US on H4 and got my H1B in Jan 2012 through a consultancy.

It has been close to 4 months since I have started working with them on contract projects in US - California.

I have got a very good full-time offer from a big Indian company in US and would like to shift.

But currently I have signed an Agreement with my Employer and it states the following:

"If Employee terminates employment voluntarily prior to the completion of at least twenty-four months of employment, Employee agrees to repay in full all advances paid by the Company or reimbursed to Employee or to any third party by the company and Employee authorizes the Company to deduct and withhold such repayment in full from any compensation or other amounts otherwise owed or payable to Employee."

Is it ok to break this agreement and join Indian company which is also in California.

What are the repercussions? How much maximum amount and for what all can they charge me?

I have not got my H1B stamped and want to shift to big Indian Company very badly before I go to India for stamping.

It is very urgent and kindly give me your valuable suggestions asap.

Thanks in advance.

[wiweq]

"If Employee terminates employment voluntarily prior to the completion of at least twenty-four months of employment, Employee agrees to repay in full all advances paid by the Company or reimbursed to Employee or to any third party by the company and Employee authorizes the Company to deduct and withhold such repayment in full from any compensation or other amounts otherwise owed or payable to Employee."

=> Better to spend $200-300 and let the attorney review this agreement. If found some illegal from employer side, complain to ICE and your state's DOL using WH4. I hope you don't pay for H1b fees. It's illegal, and USCIS is hunting those people doing this illegal activity.

[JoeF]

What "advances" would that be? Did the company give you an advance on your paycheck?

The sentence doesn't make much sense standing alone.

You should have the contract reviewed by a labor lawyer.

In general, a company can not ask for a penlaty payment for leaving the job early. They can ask for payment of liquidated damages. That amount would get smaller the longer you work there, because they benefit from your work.

[ask2009]

I left my previous Employer X(a desi consulting company) on good terms (at least what I thought were good terms). But, they withheld my last pay-check. After repeated efforts to get in touch with them, they said that they are withholding the amount, since I did not complete my 3 years on H1B with them. (I worked for X for almost 3 years and the only reason I had to leave was because I got my EAD approved through my previous Employer Y, who filed for my GC). Since USCIS rules stipulate that I need to work for GC sponsoring employer, for at least 6 months, I had to leave X and join Y.

Do they (my previous employer X) have a valid case for withholding my pay-check? Because, I'm seriously planning to sue them. If I can sue them, who do I need to contact?

[wiweq]

"at least what I thought were good terms"

=> Could you please explain the 'good terms'.

" Do they (my previous employer X) have a valid case for withholding my pay-check?"

=> There is no such rule. If you don't want to take effort of money and time to sue them, just complain to DOL. They take care better that too free of cost. If employer found guilty apart from other sentences, they will get banned from filing H1b and GC for one year.

[ask2009]

@Wiweq - Thanks for replying. When I said good terms, I meant that I gave them 3 weeks notice (even though client wanted me to start in 2 weeks, I told them I will join after 3 weeks), I did not violate any non-compete as I moved to a different client project, my Employer X requested me to train some of their employees on some technologies during my spare time (after I resigned my position with X), and I even agreed to do so.