is it a law in US that a Co. cannot bind its employee to work for it for 1 yr evenif emp has signed contract?

Question

There are many consultant companies who sponser visas when a person signs a contract for particular period with the company. Is this a law that this kind of contract is illegal and an employee is free to leave a company on 2 week notice?Is the contract illegal and company has no standing if the employee leaves a job without paying certain amt of compensation(as per the contract) to the company?Can anybody suggest any website where this law is clearly stated?

Answer 1

Each State is different in regards to that law, you need to check the law in the state you are in.

Answer 2

First of all, you need to distinguish between H-1 workers and L-1 workers. L-1 workers can only work for the company that sponsored them. They are free to quit on a two-week notice, but if they do, they will need to leave the U.S. or change their immigraion status. H-1 workers can change employers, but the new employer must submit a new H-1 petition for the employee; no change of status is needed.

As to contracts that require foreign workers to work for a year and pay the employer an early-termination fee, they are not enforceable in the U.S., but they may be enforcable in the worker's home country...

Answer 3

I don't think there is a any law which says employees are to adhere to bonding system. Its quite sometime now in INDIA we no longer have Bonding system and i guess it is the same in other part of the world too.

If at all u need to leave the company, u might have to sacrifice your (max) 1-3month salary in some cases. Otherwise you need to give notice that should be fine.


Sunil

Answer 4

If you signed a legal contract and violate the terms, the company can sue you for breach of contract.
Unless the terms of the contract are unconscionable, you're on the hook for the duration of the contract.
If in doubt, ask an attorney.

Answer 5

I suggest that you contact an attorney. Sounds like "Indentured Servitude" to me.