validity and legal implications of my employment contract

[itprofessional]

I am here in the US on a H1B visa and work for a Software development and consulting firm in the silicon valley. It
is the same firm for which I worked in my native country. When I was hired(in the US), I was asked to sign an employment contract which I did. The contract was neither
on the company's letter head nor was notarized.

Some of the terms in the the contract are as follows :
1. I shall work for the firm for a minimum period of 1 year (from the date of signing the contact).
2. Before the end of the contract, If i quit the job or if I am fired for whatever the reason be, I shall pay the firm a sum of $20000.00(which includes all expenses incurred on me by the firm).
3. When I decide to quit, I shall give a notice of 15 days, before I do so.

Apart from these, the company has retained all my educational certificates and transcripts in my native country and here in the US, they have taken away my H1B documents. I have not been given an acknowledgement of receipt for any of these documents.

Now I wish to quit the company and join another firm. I have not completed the contract period. I wish to know the validity and legal implications of my employment contract. Could someone please help me out.

 

[buddy2bear]

You are going to have to ask these questions of an immigration lawyer because the company that you work for might have "vouched" for you to the U.S. Government. I can see a lot of "ifs" in this situation. Please see an immigration attorney before you leap.

 

[itprofessional]

Thank You Buddy

Thank You Buddy. I was just thinkin to do the same. Thank You once again.

 

[LegalBeagle]

I am here in the US on a H1B visa and work for a Software development and consulting firm in the silicon valley. It
is the same firm for which I worked in my native country. When I was hired(in the US), I was asked to sign an employment contract which I did. The contract was neither
on the company's letter head nor was notarized.

Some of the terms in the the contract are as follows :
1. I shall work for the firm for a minimum period of 1 year (from the date of signing the contact).
2. Before the end of the contract, If i quit the job or if I am fired for whatever the reason be, I shall pay the firm a sum of $20000.00(which includes all expenses incurred on me by the firm).
3. When I decide to quit, I shall give a notice of 15 days, before I do so.

Apart from these, the company has retained all my educational certificates and transcripts in my native country and here in the US, they have taken away my H1B documents. I have not been given an acknowledgement of receipt for any of these documents.

Now I wish to quit the company and join another firm. I have not completed the contract period. I wish to know the validity and legal implications of my employment contract. Could someone please help me out.

Oh man.. why on earth did you hand over all those documents? It sounds like they are serious about ensuring you keep your side of the contract. Is the contract valid?, yes.. can they sue you for the 20k, yes.. after all, this is the USA! Before you do anything, you need to get all the originals of those documents back because once you tell them you are leaving, they are not just going to hand them over.

You have to remember that the cost to them to get you over has been high, they want some return on you..

My advice would be to stay with the company for the year unless you are feeling really lucky!

 

[itprofessional]

Thank You LegalBeagle

Thank You LegalBeagle.
Do you really think that an employment contract whose terms and conditions are printed on a white paper are legally valid. Anyway, i'll talk to my attorney soon. Thank you once again for the advice.

 

[LegalBeagle]

Re: Thank You LegalBeagle

Thank You LegalBeagle.
Do you really think that an employment contract whose terms and conditions are printed on a white paper are legally valid. Anyway, i'll talk to my attorney soon. Thank you once again for the advice.

A contract does not have to be on headed paper to be valid. Obviously take to your attorney but make sure he is 100% that you will not have to pay the 20k, because the moment you leave, there is no turning back.