A legal question?

Question

hi guys,
i have a real quick question.
i am on h1 visa to work/live in the US good for 3 years.
my employer who processed my h1 visa took me to the bank and ask me to sign an agreement in front of a bank officer who officially notarized it.
was my employer legal in doing that crap?
it says if i wanna get rid of him and find a new employer, i got to pay him about 30,000$.
i know what he did is crap. can i sue him and file a lawsuit?
please answer me in this regard.

Answer 1

First off, what he had you sign is nothing more than a simple employment contract. Big Deal. Yes, it is legal. It is also very common. Tens of thousands of them are signed everyday in the U.S. However, all of its provisions may not be enforced by the court. Employment contracts are a legal mine field. (They tend to blow up.) It also probably says that you cannot work for any of his competitors, and unless your skills can be transferred between industries, you would not be allowed to take another job, so if you quit he could TRY to prevent your new employer from continuing your employment. Unless you have cash in the back or are making good money,there wouldn't be anything for him to get from a lawsuit. So, who cares about the $30,000.

Second, unless he can show that he spent $30,000 to get your H1(B) visa, (and any expenses he paid for you to come to the U.S.) and you are using the visa to get another job, he will not be able to recover anything. (Actually, even if he did spend $30,000 he may not be able to get the money from you.) Everything will depend on the EXACT facts of your case, and how the judge sees it. If you know an AMERICAN business man, show him the contract, review your facts and THE EMPLOYER'S facts, and ask his opinion. That would probably be closer to the truth than anyone on here can do.

Third, depending upon the circumstances, he could get the visa revoked. It is, after all, a job related visa, which requires very specific circumstances be met before you can be employed in the U.S. So, without that job, the visa would have to be re-issued to your new employer, which is another topic.

Fourth: Can you sue him? For what?? Asking you to sign an employment contract? (You could have said no.) or Being an asshole? Neither is actionable (a basis for a lawsuit) Some attorney may be willing to sue him, if you pay the lawyer in advance without the promise of any recovery. But then again some lawyers really need the money, and will file anything if they are getting paid. I wouldn't take your case based on what you said here.

Answer 2

Interesting.

My thought is that you are leaving a lot out of your discussion here. For Example, Is this job supposed to be for three years? I assume it is. I also assume that you are a key person and probably under salary. My thought is that they are trying to recoup losses should you try and leave early and they have to track down, hire and transfer a new person to do your job, not to mention down time. Such an agrement is not unheard of but normally it is part of your salary contract and not a codicil to that contract as this document seems to be. This is the opposite of a golden parachute plan which pays you off if they fire you early. I mentioned the key person thought because if you are a key person you are insured as a keyperson and they will be out that money as well.

Right now it is no harm no foul. You haven't said you are leaving or that you have left. The penalty only goes into effect if you do, so you can't sue them until they collect the $30,000. That doesn't seem to be the case here.

If you are planning on leaving or have left then you owe them the money. You can try to argue that there was no legitimate reason for the money but I can tell you as I have they will come back with one if not all of my arguments.

The dumb thing here is you signed it in front of a notary, and that pretty much puts all the balls in their corner.

No matter what you do or say this is an uphill battle all the way.

Answer 3

Sue him for what, exactly? The employer has a right to protect his investment. The agreement is you get to work here for X number of years and he is guaranteed you are not using him just to get into the country. If an American citizen worked with a Recruiter, we would also be required to sign an agreement to stay with an employer for a certain period before we would not be indebted to reimburse the employer for time and money in recruiting. It's called protecting their interest. Nevertheless, I still don't understand what you are planning to sue for? Are you saying you were coerced into signing it?

Answer 4

Is this one a joke? Employment agreements are only enforceable against the employer. An employee is free to work for anyone who will hire him. You don't have to sue over that agreement; it is not worth the paper it is printed on. When you get your green card, read your employer the 13th Amendment to the Constitution, tell him to kiss your newly American *** and walk out.

Answer 5

I don't know much on that. I would call/talk to some one from your place of origian and ask them what they think. If they don't know you might try calling your state/local job employment center and they might be able to help you. But someone in your country should be able to help. I wouldn't find a new empoloyer just incase it is true. But I don't think it is.

Answer 6

The best thing to do is get some legal advice and find out what your rights are. The most inexpensive way to do this is:

http://getprotectedhere.com

You can have them look over what you signed and advise you on how to handle it.

Plus a lot more benefits. Check it out.

Answer 7

I don't know about the law - but it sounds like your boss is taking advantage of you.

Find an attorney who speaks your native language and explain what happened.

He will be able to tell you if you are protected.

Best of luck!

Answer 8

Sounds like BS. Now that you're in the US just disappear like all the other immigrants do. Move out of state. They'll never find you.

Answer 9

Check with the US immigration service or go to the US Embassy in your home country.

You might be an ILLEGAL ALIEN

Answer 10

I don't know why you went to the bank or what the 30,000$ represents.