Attorney Please Help- STUDENT _OPT _ EMPLOYMENT QUESTION


zar1985

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I am a recent graduate and currently on OPT and I am in talks with a consulting firm in the United States with regards to a position they got in touch with me for.

According to them they will be training me for a position that their clients require. I have the necessary education its just that the job requires a little familiarity with the role and responsibility. For which they would provide training. They have mentioned in their contract that I will be required to pay them $25000 if I quit prior to 12 months of starting the project at their client. My question is are they actually allowed to ask for this 25000 dollars in compensation given the fact a few months down the line I secure a better job or a more interesting opportunity and want to quit.

 

 n addition this a contract job and the training is 1 hour a day 4 days week for 4 weeks. Its a project management job and they're getting a 40% cut out of my pay check from the first hour I start working so that in my opinion compensates them sufficiently enough for the training.

 

My question is can I be forced to pay the 25000 sum if I do not wish to work for the firm because I get a more lucrative offer or an offer that requires substantially less travel and offers mre stability than what a contract based job does.

 

Your inputs will help me avoid mistakes early on in my professional career.

 

 

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  • 2 weeks later...

OP,  You are involved with a fraudulent firm. Find a legitimate one. If you pay, you are participating in an act in violation of US immigration. Rally NOT a good idea.

Thanks for the heads up, not really involved with them, merely speaking with them. Not paying them but asking if it is a justifiable clause in what would be the employment agreement.

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BEFORE signing any agreement about which you have a concern, have it reviewed by an attorney licensed in that country/state.  Any US licensed attorney is familiar with contracts so an immigration law specialist should be able to review it.  Complex labor question should be addressed to an employment law specialist.

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It is not unreasonable on part of the employer to ask for a contract when they spend a significant amount of money in filing the petition. But whether the terms of the contract are reasonable and acceptable or not is up to you to decide, possibly with advice from a lawyer.

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