Law suit was filed against me in Michigen, But I am working in MA now.
***************************************************
I came to US from India on H1B visa to a company A based at Michigan in
August 05. I was promised that they I have many direct clients, But
when I reached here I had to realize that it was not true. First one
month company A didn't pay me and I had to search job on my own in
1 month, Then Company A forced me to sign a agreement saying that I
will stick to them for minimum 12 months, if not I need to payback all
expenses. I had no option other then signing the contract at that
moment. There was no actual amount mentioned in the agreement. They
have not disclosed any terms of employement when I was offered job and
before arriving to US.
I was placed in company C in Massachusetts thru channel B from my
previous company A
A -> Company B -> end client C
In 5 months company C offered me fulltime opportunity and I joined them
as full time employee. There was agreement between B & C that after 4
months C can offer fulltime .Now my previous company A has sent me a
notice for breach of employee contract. There is any
bindings/agreement between A & C.
I have listed below the 2 points on which my previous employer A has sued me for
29000$, + Attorney charges
*****************************************************
1. "If the employee terminates this agreement within 12 months of its
commencement, employee shall re-imburse company for the actual costs
company incurred on behalf of the employee including but not limited to
immigration fees in sponsoring employee and obtaining employee's work
permit, Employee's moving and relocation costs, all airfare and
travel expenses, marketing fees, recruiting or employement agency fees
and all training costs" Employee hereby authorizes company to
withhold from any pay check, amount owned by the employee towards
re-imbursement of expenses incurred.
2. If employee, at any time within the time period referenced in above
directly or indirectly services any customer, they shall immediately
purchase from company the goodwill associated with such customer. In
view of the difficulty in evaluating goodwill it is hereby agreed that
the price of the said good will shall be measured by and equal to
thirty five (35%) of the total billings company sent to the customer
during the 12 month period immediately preceding the date of the
termination of this agreement, but no event less then $10000 for each
such customer.
*****************************************************
My previous employer has spent maximum around 4000$ on me including
airfare . Regarding the second terms of agreement as per my
understanding it doesn't applicable to me, it says that "they shall
immediately purchase". Can they make me responsible for these terms
of agreement?
If they don't take the case back , I am planning to sue them back. I
have couple points like.
1. They provided false information to INS and me that they have many
clients, actually they don't have that. This is the violation of H1
VISA norms. They had to market me for first month of my arrival here. I
had lost my very good job in India because of these promises. And they
forced me to enter in to agreement after myself finding project.
2. My previous employer has not paid me for the first month of
employement with them.
Please advise me on this. Your help would be greatly appreciated.
Best Regards
RAI
***************************************************
I came to US from India on H1B visa to a company A based at Michigan in
August 05. I was promised that they I have many direct clients, But
when I reached here I had to realize that it was not true. First one
month company A didn't pay me and I had to search job on my own in
1 month, Then Company A forced me to sign a agreement saying that I
will stick to them for minimum 12 months, if not I need to payback all
expenses. I had no option other then signing the contract at that
moment. There was no actual amount mentioned in the agreement. They
have not disclosed any terms of employement when I was offered job and
before arriving to US.
I was placed in company C in Massachusetts thru channel B from my
previous company A
A -> Company B -> end client C
In 5 months company C offered me fulltime opportunity and I joined them
as full time employee. There was agreement between B & C that after 4
months C can offer fulltime .Now my previous company A has sent me a
notice for breach of employee contract. There is any
bindings/agreement between A & C.
I have listed below the 2 points on which my previous employer A has sued me for
29000$, + Attorney charges
*****************************************************
1. "If the employee terminates this agreement within 12 months of its
commencement, employee shall re-imburse company for the actual costs
company incurred on behalf of the employee including but not limited to
immigration fees in sponsoring employee and obtaining employee's work
permit, Employee's moving and relocation costs, all airfare and
travel expenses, marketing fees, recruiting or employement agency fees
and all training costs" Employee hereby authorizes company to
withhold from any pay check, amount owned by the employee towards
re-imbursement of expenses incurred.
2. If employee, at any time within the time period referenced in above
directly or indirectly services any customer, they shall immediately
purchase from company the goodwill associated with such customer. In
view of the difficulty in evaluating goodwill it is hereby agreed that
the price of the said good will shall be measured by and equal to
thirty five (35%) of the total billings company sent to the customer
during the 12 month period immediately preceding the date of the
termination of this agreement, but no event less then $10000 for each
such customer.
*****************************************************
My previous employer has spent maximum around 4000$ on me including
airfare . Regarding the second terms of agreement as per my
understanding it doesn't applicable to me, it says that "they shall
immediately purchase". Can they make me responsible for these terms
of agreement?
If they don't take the case back , I am planning to sue them back. I
have couple points like.
1. They provided false information to INS and me that they have many
clients, actually they don't have that. This is the violation of H1
VISA norms. They had to market me for first month of my arrival here. I
had lost my very good job in India because of these promises. And they
forced me to enter in to agreement after myself finding project.
2. My previous employer has not paid me for the first month of
employement with them.
Please advise me on this. Your help would be greatly appreciated.
Best Regards
RAI
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