Contract with my employer

[dragosca]

What is the name of your state?I live and work in Michigan. I came to the US on an H1B visa and my employer has sponsored my Green Card application on the condition that I return the money he spent on the lawyer if I leave the company within a year from the date I obtain it. That is fair enough.
Now that I am in the last stages of getting my permanent residence, he wants me to sign another contract stating that I have to work for him for another two years, otherwise I cause his company "hardship". If I do not sign, he will not file form I140, for continuing my GC case. Needless to say, I find this to be pure blackmail.

My question is: How binding is the contract he wants me to sign? Will he be able to enforce it if I do sign it and then try to leave the company after the initially agreed upon period has expired? And if so, how exactly can that affect me?


Thank you for any advice.

 

[BelizeBreeze]

Hold the contract up to the monitor and I'll give you an opinion.

 

[dragosca]

Is that your funny way of telling me that if I post here the content of the contract, I may get an answer?
I will only see it on Tuesday, but if that is what you mean, I will post it.

From what I have discussed with him, though, he says it will look something like "I agree to stay as an employee with company X for two years starting today, otherwise I will cause financial hardship to the company"... or something of this sort. That is all I know right now.

 

[cbg]

It is his way of telling you that no one here can interprete a contract they have not read.

 

[dragosca]

Thank you, I will try to post the content of the contract on Tuesday, when I get to see it.

 

[dragosca]

Here is the agreement, guys. I would appreciate any opinions.


Agreement between <my name> and <my company>

The parties agree as follows:

1. With <my company> as a continuing sponsor, Employee is about to apply to the Department of Homeland Security to receive lawful permanent resident status. Employee acknowledges that <my comp> has employed him since May 2000 and paid him a salary in excess of prevailing wage. Employee also acknowledges that, in reliance on Employee's promise to remain in <my comp>'s employ for at least 18 months from and after December 1st, 2005 (the "term"), <my comp> has made certain business decisions, refrained from recruiting additional employees and otherwise acted in reliance on Employee's commitment to remain employed at <my comp> for the Term.
2. In consideration of Employee's agreement to remain employed for the Trem, and provided Employee does so, <my comp> agrees to forgive the $5,500 Employee is obligated to reimburse <my comp>. Such forgiveness shall be made at the time of Employee's termination of employment, provided:
- Employee remains employed for the duration of the Term and competently and timely performs the duties requested of him by <my comp>;
- Employee provides at least 90 days prior written notice of his intent to terminate his employment at the end of the Term;
- During such 90 days notice period Employee assists <my comp> in recruiting and training his replacement.

Employee acknowledges and agrees that his breach of this agreement will likely cause <my comp> damages which are incapable of measurement with precision, and thus Employee agrees that in the event of his breach, <my comp> will be entitled to recover from him the cost of recruiting and training a replacement, including payment of any and all agency recruiting fees and expenses and all fees of any consultants retained to provide services to <my comp> in place of those provided by Employee; provided that such costs, expenses and fees shall be limited to the 90 day period following Employee's breach.

----------------------- End of agreement


What I am interested in is this: Is this agreement legally binding? Is my company going to be able to enforce it if I break it, or is it made just to scare me? It seems so much like put together from bits and pieces of unverifiable information. "Competently and timely"?!
The $5,500 are a reference to the money my company has spent in lawyer fees for my visa, which money I was agreeing to pay back in case I leave before 12 months from my obtaining the visa.


Thanks.