Urgent help needed -- Employment Agreement

[nv1234]

Hi Everyone,

I really need some help from you guys regarding employment agreement.

I joined a company on H1b 1 year back and because everything was so quick so I signed this employment agreement with my employer where there is written that if I leave them before 3 years then I'll have to pay them $5000. Please see below.

 

 

 

 

The duration of this employment shall be for a period of three (3) years from the date of execution of this Agreement and/or upon joining the company in the United States in an H-1 B category, which may be either extended or reduced at the sole discretion of the company depending upon the circumstances prevailing and the nature of assignment. The Employee shall not abandon his services or fail to report to work while on an assignment. Should the Employee desert the assignment or fail to report to work after his/her Visa is processed; he/she is liable to pay an administrative fee of $5,000.00 to Employer.

 

 

 

Now after 1 year in Dec 2013, I changed my employer and gave my old employer 2 weeks notice but they said that work till Dec 31st if possible. So I stayed till Dec 31. So in total I gave them 4 weeks notice period.

 

They didn't pay me $8000 from my salary but last week they just sent me $3000 because I said to them that I'll do their complaint to department of labor.

 

Now they have my $5000 and they are saying that because I broke their agreement (see above) so they won't give me $5000.

 

I want to ask you guys if these kind of 3 year agreements legitimate in Texas,US? As in US nobody can bind you like that and nobody can keep your money like that.

How should I get my money back from them? 

Please help.

I'll be highly grateful to you.

[JoeF]

A penalty on leaving the job early is not allowed.

See a good immigration lawyer.

[rahul412]

Usually that agreement will be valid. You should have read that agreement carefully.

[omshiv]

why sign agreements when you want to break them?

[t75]

You were so desperate to come to the US that you would sign anything. It was a really stupid move on your part and now you are paying for it.  You need to consult an attorney regarding the contract. Next time be wise and not sign what you do not understand or intend to comply with.

[nv1234]

I wasn't desperate to come to US.

I was already in US :-)

but yeah I needed a job coz my early job was terminated so i signed the agreement without thinking.

[hustlehard]

You made a mistake of not reading the document before signing it. 5k is not a big amount & won't destroy your life. Your bank account even won't feel the difference after 2-3 years. It's hard to let go, but it's not worth to spend the time and energy running into legal issues. Just forget it. There are millions of children on earth who have to sleep on empty stomach. Consider yourself lucky for whatever you have got. Let it go. Enjoy your life.