Previous employer wants to take legal action against me for contract breach

[jacknjill911]

Hi,

Need your advise.

I was working with Company A and he filed my H1(i signed 24 months on paper for him to submit for my h1 application) and for some reasons that company was acquired by company B. I had to apply for my h1b extension in 3 months of this transition.

The new owner changed the terms and conditions which first CEO has agreed upon and I told him not to submit my h1b application. I moved on to Company C. I sent him an email 2 weeks later after I received my last pay working with Company B(to ensure he will pay me if I am levaing the company). He sent me an email saying "Breach of Contract - Legal aCtion". I referrred couple of my friends to that Company A and they did not pay me anything who are stil lworking with company B.

When I spoke to the CEO he asked me to speak with the person who was working on the legal things from his company. He gave me 3 options.

1. Move back to our company - I do not want to move back to his company seeing all these behaviour

2. Make your vendor refer somebody to us

3. Pay for the damages - he says if they go to court, I could be sued and court may pay 15-25K depending upon the papers.

I asked him to provide my H1b papers that he told he filed, he says he cannot provide it because I am no longer with the company. I told him I can refer couple of my friend so they can business, he says you can refer but that does not count for the breach of contract.

He says he paid 11K to buy each employee from Company A and H1 fees 4K which is 15K. I am not sure if he is expecting me to pay that.

I know he is trying to scare me. But Please advise how I can resolve this.

Thanks in Advance.

[t75]

Have your documents and his letters read by an attorney. If he needs more from the company, let him request it.

[JoeF]

It all depends on what contracts you signed.

You would have to have that reviewed by a labor lawyer and an immigration lawyer.

A penalty for leaving a job early is not allowed, but liquidated damages would be allowed, so it all depends on the contracts.

[wiweq]

First use your own mind to read every document and make sure you didn't do anything wrong. Most probably you didn't as most of the jobs in USA are at will. Bondage labor is illegal. H1b expenses are 100% employer's responsibility. If you think you didn't do anything wrong from your side, go to your local Police station and FBI office and submit a report of threat. Get the this police-report of threat and go to labor department. Finally get all report copies, documents (last salary stubs, emails etc) and file WH4 against your ex-employer. Also call to ICE and let them know anout this illegal activity and threat. While you file WH4, DOL appoints investigation officer, consider him/ her your attorney and share your case in detail.

[kshis13]

i agree with all the above....esp wiweq....