What is the name of your state? NJ
I am a H1B employee working for a company based out of New Jersey for past One (1) year. Now I would like to move on to another company which has better prospects for me. But my current agreement with the employer binds me to the following clause (mentioned below), if I choose to leave the company within 2 years of continuous employment. What I would like to know is if the following clause is valid (in N.J) and if the employer can come back to me on legal grounds..
The contract reads as follows:
"Employee understands and acknowledges that Employer has incurred or will incur considerable expenses to recruit Employee. Accordingly, Employee agrees that in the event Employee resigns his or her employment or is terminated with cause prior to two years if continuous employment with Employer, Employee shall immediately pay to Employer all the following amounts.
i) any and legal costs paid by Employer on behalf of Employee, including but not limted to any Immigration costs incurred by Employer in connection with effecting such Hiring and an additional $20000 for the efforts towards training and marteking. Employee agrees that any amounts Employer owes to Employee may setoff by Employer against any amounts owed by Employee to Employer in accordance with the subparagraph."
NOTE: As of now my employer did not provide me with any sort of training. The only costs that I know of are the immigration costs incurred for my H1.
Any help/suggestions on the above matter is very much appreciated
I am a H1B employee working for a company based out of New Jersey for past One (1) year. Now I would like to move on to another company which has better prospects for me. But my current agreement with the employer binds me to the following clause (mentioned below), if I choose to leave the company within 2 years of continuous employment. What I would like to know is if the following clause is valid (in N.J) and if the employer can come back to me on legal grounds..
The contract reads as follows:
"Employee understands and acknowledges that Employer has incurred or will incur considerable expenses to recruit Employee. Accordingly, Employee agrees that in the event Employee resigns his or her employment or is terminated with cause prior to two years if continuous employment with Employer, Employee shall immediately pay to Employer all the following amounts.
i) any and legal costs paid by Employer on behalf of Employee, including but not limted to any Immigration costs incurred by Employer in connection with effecting such Hiring and an additional $20000 for the efforts towards training and marteking. Employee agrees that any amounts Employer owes to Employee may setoff by Employer against any amounts owed by Employee to Employer in accordance with the subparagraph."
NOTE: As of now my employer did not provide me with any sort of training. The only costs that I know of are the immigration costs incurred for my H1.
Any help/suggestions on the above matter is very much appreciated