Employer charging $20000 for resigning


rajksap

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Hello Team,

I am came to USA on H1B visa 8 months ago and recently I resigned the job and joined in new company. In my old employment agreement it is mentioned that I have to pay $ 5000 if leave company before 18 months, and also it is mentioned that I have to pay damages claimed by client.

 

During my resignation I have informed my employer that I am ready to serve notice period. In the mean time client terminated the contract with 2 weeks of notice. My employer told that my last date of employment is same as last day at client. I served the notice and left the company.

 

Now my employer is claiming that I have to pay $20000 as damages, in which $5000 is h1b expenses and $15000 for damages as I am leaving early (they calculated it as $10 per hour for next 8 months i.e. 1500 hours billing loss to the employer).

 

Can you please let me know can my employer claim future losses? and Expenses. Is it legal that some can claim damages from employee?

 

Thank you

Raj

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See an immigration lawyer.

A company can claim liquidated damages, but a) that has to be reasonable, and b) it gets lower over the employment time since the company recoups its initial investment into the H1 worker.

Oh, and most H1 expenses have to be paid by the employer, by law. The employer can not ask for that.

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Check the Bar Association in your state. You can find the website by searching for "bar association" and your state. They have a referral service.

You also may want to discuss this with an immigration lawyer, e.g. somebody from the law firm that runs this forum.

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