Desi Consultancy contract on OPT

[bskumarb4u]

I have joined a desi consultancy 6 months ago after completing my graduation. While joining this firm, I have signed an agreement (not my written signature.. I just typed my full name in a word document and emailed them) which states "The consultant has to pay a penalty of $2000 in addition to the other expenses incurred by XYZ if he/she fail to join the client".

They couldn't find a client till now.

Now I have an offer from some other company full-time which I am planning to join.

My question is, the document which I emailed them is considered as legal binding between them and me?

 

Thanks in advance.

Kumar

[JoeF]

Why in the world did you sign such a contract? Why did you not find a real employer?

Such contracts are valid. With OPT, there is no protection like in the case of an H1.

[livliv]

The document may be considered legal. But since there is no client, there is no failure to join the client. Consult an attorney who has experience in both immigration and labor law.

[bskumarb4u]

Hi JoeF,

Thanks for your kind reply.

Since I was approaching 90 days unemployment at that time, I joined that desi consultancy. Now I got full time job with real employer. 

Does typed full name in a agreement is considered as a signature?

 

Regards,

Kumar

[JoeF]

You need to discuss your situation with a good immigration lawyer.

Electronic signatures usually require some kind of tamper-proofing, like an MD5 hash of the document signed. I use that for emails all the time.

[jairichi]

Hi JoeF,

Thanks for your kind reply.

Since I was approaching 90 days unemployment at that time, I joined that desi consultancy. Now I got full time job with real employer. 

Does typed full name in a agreement is considered as a signature?

 

Regards,

Kumar

Yes, it is a signature.

[jairichi]

In addition to my previous response, full name is considered as a signature if documents are communicated online.

[JoeF]

In addition to my previous response, full name is considered as a signature if documents are communicated online.

 

I am not sure if that is true. It would allow documents to be altered later.

Electronic signatures are usually cryptographic signatures that can prove that the document has not been tampered with after signing it.

[hn2605]

Did you sign other employment documents like I-9, W2 etc ?

 

If not, then never mind but,

 

If Yes, did then Did that desi consultancy ever paid u any salary till now ? Most probably no, then you are not liable to any contract... No employer can control his employee without salary, tell them to pay you first...