saj_visa Posted August 22, 2013 Report Share Posted August 22, 2013 My husband was working with Company A,and he has left within one year for another company B.Now Company A is asking for $7000 because he has not served for 2 years. Keep calling my husband on daily basis and threatening us stating that they will take a legal action. When we ask about breakup of Logistic cost; The following is their wording : " There is numerous logistic cost incurred by the company initially, when we bring anybody abroad for the first time. Your logistic cost covers the following: Lawyer’s fee, premium processing fee, education evaluation , 70-80hrs (approx.) admin time (of our sales +admin people) for gathering information for your visa clearance and getting you settled in USA, Air-fare, 1st month free Lodging etc. We calculate these costs as an estimate. Your exact cost was higher than our original estimate. Since, we already had in writing $7,000, we stuck with our words and didn’t ask you to pay extra. Let me be very clear that we don’t get any benefit out of it. Logistic cost is not applicable to any visa holder employee, if he/she works with the company for a period of two years. In that case, we bear these costs as a part of doing business. However, this logistic cost doesn’t include your H1B visa USCIS processing fee, which alone is about $2500 approx. for regular processing. In fact, the total cost comes out to be 10,000-12,000 for a new H1B employee (depending upon how complex the visa case is). Unfortunately, your cost was at the higher end due to complexity. We pays for H1B regular visa filing cost no matter whether employee choose to stay or not. As per our policy, employee has to pay the logistic cost on the day of termination. As a courtesy, I can gave to some time to pay. How much more long you want to take? I would like you to Either pay in full now Or set up a regular plan to be payable in next two months. " please give me suggestion what should I do? Link to comment
jairichi Posted August 22, 2013 Report Share Posted August 22, 2013 Contact a labor attorney and go through all your contract documents with him. If there is nothing mentioned in your contract I believe you do not have to pay a dime. But, get an attorney opinion for sure. Link to comment
JoeF Posted August 22, 2013 Report Share Posted August 22, 2013 First off, why in the world did your husband even sign an agreement about this? Second, a penalty for leaving a job early is not allowed. A company can get liquidated damages, which some of this looks like. But that wouldn't be a fixed amount, it would become lesser the longer the person worked there, since the company recoups its initial investment by the person working there and generating revenue. And third, make sure that your husband stays away from any company that wants money for an H1, from any company that wants him to sign such an agreement. Your husband should discuss this particular situation with a good immigration lawyer. Link to comment
ineedgc555 Posted August 22, 2013 Report Share Posted August 22, 2013 My husband was working with Company A,and he has left within one year for another company B.Now Company A is asking for $7000 because he has not served for 2 years. Keep calling my husband on daily basis and threatening us stating that they will take a legal action. When we ask about breakup of Logistic cost; The following is their wording : " There is numerous logistic cost incurred by the company initially, when we bring anybody abroad for the first time. Your logistic cost covers the following: Lawyer’s fee, premium processing fee, education evaluation , 70-80hrs (approx.) admin time (of our sales +admin people) for gathering information for your visa clearance and getting you settled in USA, Air-fare, 1st month free Lodging etc. We calculate these costs as an estimate. Your exact cost was higher than our original estimate. Since, we already had in writing $7,000, we stuck with our words and didn’t ask you to pay extra. Let me be very clear that we don’t get any benefit out of it. Logistic cost is not applicable to any visa holder employee, if he/she works with the company for a period of two years. In that case, we bear these costs as a part of doing business. However, this logistic cost doesn’t include your H1B visa USCIS processing fee, which alone is about $2500 approx. for regular processing. In fact, the total cost comes out to be 10,000-12,000 for a new H1B employee (depending upon how complex the visa case is). Unfortunately, your cost was at the higher end due to complexity. We pays for H1B regular visa filing cost no matter whether employee choose to stay or not. As per our policy, employee has to pay the logistic cost on the day of termination. As a courtesy, I can gave to some time to pay. How much more long you want to take? I would like you to Either pay in full now Or set up a regular plan to be payable in next two months. " please give me suggestion what should I do? Im pretty sure you guys came to US for money, Company A is doing business for money. At least, be nice to people if you are leaving them. I hope you at least gave them 2 weeks notice as it is required or whatever was on the contract. If you had broken the contract, you are liable. Why should they let you go for free? Talk to Murthy Law Firm. Link to comment
saj_visa Posted August 22, 2013 Author Report Share Posted August 22, 2013 Thanks for reply Link to comment
jairichi Posted August 22, 2013 Report Share Posted August 22, 2013 Im pretty sure you guys came to US for money, Company A is doing business for money. At least, be nice to people if you are leaving them. I hope you at least gave them 2 weeks notice as it is required or whatever was on the contract. If you had broken the contract, you are liable. Why should they let you go for free? Talk to Murthy Law Firm. Do not run into any conclusions here. Try to help them, if you can Link to comment
saj_visa Posted August 22, 2013 Author Report Share Posted August 22, 2013 Im pretty sure you guys came to US for money, Company A is doing business for money. At least, be nice to people if you are leaving them. I hope you at least gave them 2 weeks notice as it is required or whatever was on the contract. If you had broken the contract, you are liable. Why should they let you go for free? Talk to Murthy Law Firm. Yes notice was given...Company Didnt pay Leave accrual money and also salary for last 15 days...so you can say we have already paid 3000 Dollars..n if it is illegal in USA for bond and all..still I have to pay them for no reason?If it is legal that would have been different case... Link to comment
JoeF Posted August 22, 2013 Report Share Posted August 22, 2013 Yes notice was given...Company Didnt pay Leave accrual money and also salary for last 15 days...so you can say we have already paid 3000 Dollars..n if it is illegal in USA for bond and all..still I have to pay them for no reason?If it is legal that would have been different case... You didn't answer the question why you guys even signed such a contract. Don't sign things you don't want to be bound to. It is a simple, common sense thing. Link to comment
saj_visa Posted August 22, 2013 Author Report Share Posted August 22, 2013 You didn't answer the question why you guys even signed such a contract. Don't sign things you don't want to be bound to. It is a simple, common sense thing. see ..There is no point now why you signed a contract? The issue is that we just came to know that such contracts are illegal and not valid in USA. Link to comment
jairichi Posted August 23, 2013 Report Share Posted August 23, 2013 You didn't answer the question why you guys even signed such a contract. Don't sign things you don't want to be bound to. It is a simple, common sense thing. JoeF, since OP mentions that he is not paid for the last 15 days can not he file a complain with DOL? Link to comment
jairichi Posted August 23, 2013 Report Share Posted August 23, 2013 see ..There is no point now why you signed a contract? The issue is that we just came to know that such contracts are illegal and not valid in USA. Do not conclude like that. A contract is legally binding. Run it through an attorney first and get his opinion Link to comment
JoeF Posted August 23, 2013 Report Share Posted August 23, 2013 see ..There is no point now why you signed a contract? The issue is that we just came to know that such contracts are illegal and not valid in USA. Actually, it depends. It May be legal, at least parts of it. So, please answer the question... Link to comment
JoeF Posted August 23, 2013 Report Share Posted August 23, 2013 JoeF, since OP mentions that he is not paid for the last 15 days can not he file a complain with DOL? Sure. But it may not get them out of paying the money on the contract. That's what I am trying to get them understand. Contracts are usually valid. If the company formulated it right, the OP has to pay up. Link to comment
jairichi Posted August 23, 2013 Report Share Posted August 23, 2013 Sure. But it may not get them out of paying the money on the contract. That's what I am trying to get them understand. Contracts are usually valid. If the company formulated it right, the OP has to pay up. Thanks JoeF. I was of the same opinion too as contracts are legally binding Link to comment
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