H1B employer Contracts

[techteam]

Hello , I need a little advise.

 

I am on process of accepting an offer of an employment for a company which is also sponsoring my h1b but when  I went through the following lines in the contact I felt that I am being cheated with unecessarry clauses in the agreement. Should I pay for the H1B employer if for any reason if I leave the company .Are the clauses mentioned below are legal at all ?..Can an H1B employer ask money.Please advise.

 

FURTHER OBLIGATIONS UPON CESSATION OF EMPLOYMENT

 

If EMPLOYEE leaves XXXX before the end of H1B expiry period or from assignment to a project for whatever the reason, or if EMPLOYEE breaches any other provision of this contract, EMPLOYEE will be liable to XXXX (and its officers, employees and agents) for all damages incurred by XXXX including, but not limited to immigration expenses, airfare, relocation expenses, lost income from Clients or prospective Clients and reasonable legal fees and Plus $10,000.00 (Ten Thousand US dollars)

 

If Employee uses XXXX ’s training resources (e.g., computers, software, etc.) coaching, or instruction by other XXXX employees, and if Employee breaches the terms and conditions of this Contract, including, but not limited to, resigning or leaving the employ of XXXX for any reason, other than termination by XXXX , on or before 24 months from assignment to a Client’s project, then Employee shall be liable to XXXX for the amount of $300 per day from the effective date of this Contract to the date that Employee commences assignment on a Client’s project. Employee shall be liable for these amounts not withstanding any other amounts due to XXXX from Employee under any other terms of this Contract

 

TERMINATION

XXXX may terminate EMPLOYEE upon one week prior notice to EMPLOYEE or immediately without notice where just cause exists.

 

EMPLOYEE may terminate upon 30 days prior written notice to XXXX, subject to the terms and conditions set forth in this Contract.

[omshiv]

dont sign.

[rahul412]

I went through the following lines in the contact I felt that I am being cheated with unecessarry clauses in the agreement. Should I pay for the H1B employer if for any reason if I leave the company .Are the clauses mentioned below are legal at all ?..Can an H1B employer ask money.Please advise.

Why didn't you asked this question to yourself when you signed that agreement?? Can you answer this??

 

Generally, contractual agreements are valid. But one sided agreements may not, it s better to contact an attorney for help.

[jairichi]

Find a good employer.

[JoeF]

It is good that you check the contract before signing.

You may want to have the contract checked by a labor lawyer or an immigration lawyer.

One thing, most of the H1 fees (the immigration expenses) have to be paid by the employer.

And the clause that the employer can terminate the contract at any time, but you have a 30-day notice period, is also rather bad.

I suggest you find a better employer.

[rahul412]

Why didn't you asked this question to yourself when you signed that agreement?? Can you answer this??

Ignore this.

[sri1010]

I am in USA on H1 B work visa which is held by a company by name CompanyH.

As part of service, I am providing a IT service to an client by name ClientC.

ClientC has issued the contract for 6 months only to a company by name vendorV.

vendorV has subcontracted to company by name VendorS for the same 6 months.

But, VendorS has issued the contract to my employer CompanyH for 12 months.

As defined in the contract issued by the clientC, now my contract with ClientC has end.

Here are my questions based on the contract issued :

Did the VendorS issued the wrong contract?

As long as I was working at clientC site, my manager signed the timesheet and I use to send it to my employer and I used to be paid.

But, as the contract(from the clientC) is end, then VendorS is supposed to give the payment from the 7th month to 12th month or untill the contract is end based on mutual aggrement .

[jairichi]

I am in USA on H1 B work visa which is held by a company by name CompanyH.

As part of service, I am providing a IT service to an client by name ClientC.

ClientC has issued the contract for 6 months only to a company by name vendorV.

vendorV has subcontracted to company by name VendorS for the same 6 months.

But, VendorS has issued the contract to my employer CompanyH for 12 months.

As defined in the contract issued by the clientC, now my contract with ClientC has end.

Here are my questions based on the contract issued :

Did the VendorS issued the wrong contract?

As long as I was working at clientC site, my manager signed the timesheet and I use to send it to my employer and I used to be paid.

But, as the contract(from the clientC) is end, then VendorS is supposed to give the payment from the 7th month to 12th month or untill the contract is end based on mutual aggrement .

You have no role in this. Your salary and any issue with vendor/client is your employer's responsibility.

[JoeF]

Contracts between your employer and a client are none of your concern.

You are paid by your employer, not by a client of your employer. You need to get paid ALL THE TIME, no matter when a client pays your employer.

If you don't get paid, file a complaint on form WH4 with DOL against your employer. And find a better employer, one who follows the laws.