Company seeking GC reimbursement

[altimarider]

I asked my employer to start the GC process. After 3 months, I found another employer and accepted the offer. The current employer is seeking money paid for GC process (about 3K) saying attorney fee etc. The company has a policy that says if the employee leaves with in the first yr, fees has to be paid 100% back, 2nd yr 75% and 3rd yr 50%. Is it legal for the company to claim back the charges?

[t75]

Some fees can be paid by the employee.  You need to review your employee documents (like official handbook) to see if they have a policy and the USCIS documents for a list of allowable fees that can be charged to the employee.

[JoeF]

The fees for the Labor Certification (PERM) absolutely have to be paid by the employer. That includes lawyer fees for PERM.

The employer is prohibited by law to get reimbursed for the these fees, be it directly or indirectly.

Fees for the I-140 can be paid by the employee.

[altimarider]

The fees for the Labor Certification (PERM) absolutely have to be paid by the employer. That includes lawyer fees for PERM.

The employer is prohibited by law to get reimbursed for the these fees, be it directly or indirectly.

Fees for the I-140 can be paid by the employee.

I tried explaining the same thing to the HR. But they don't get it.They say that company has spent money on me in expectation for a few months of work and as I am leaving it is compelled to seek out the damages. So I had to authorize them to get it from the final pay cheque. 

[JoeF]

I tried explaining the same thing to the HR. But they don't get it.They say that company has spent money on me in expectation for a few months of work and as I am leaving it is compelled to seek out the damages. So I had to authorize them to get it from the final pay cheque. 

Geez.

You should have filed a complaint instead of doing something illegal.

An employer can never hold back salary that you are owed, regardless if there is some other dispute over money.

They would have to sue them for the other money.

You need to learn that employees have rights here.

[t75]

They are entitled to sue for damages and collect them per the contract. You chose NOT to contact and attorney before authorizing payment. See an attorney now.

[chakrakr]

They are entitled to sue for damages and collect them per the contract. You chose NOT to contact and attorney before authorizing payment. See an attorney now.

No contract can overrule the law.   The law says Employer cannot as for reimbursement for  any cost associated with PERM process.  Since OPs case started 3 months back ,  it is "most likely"  for PERM process.   OP ,  contact DOL ,  they should be able to help