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Junior Member
What is the name of your state? Illinois
I was employed with the Software Company based Chicago with the following conitioned mentioned below:-
1.Compensation:- You will be paid at the rate of $ 43.26 per Hour. ($90000.00 per year).

10.Cost Recovery. You agree to pay back US Software Corporation all the cost incurred in external training, relocation and hiring/visa processing (if applicable) in case you decide to leave the company before one year from date of joining. US Software Corporation is entitled to recover any attorney fees and costs incurred in the enforcement of this provision. This provision is drawn pursuant to and will be governed by the laws of the State of Illinois and all matter related to this provision will have exclusive venue in the state courts of DuPage County, Illinois.

The company was highly irregular in payment of monthly salary. The company policy is to pay the salary of last month on 15th of the month. For e,g salary for the month of Oct 2004 will be paid on 15 Nov2005. In my case company send my pay check for Oct and Nov on 21 Dec 2004.

I discuss the issue with the president of the company several time, but still the company remain irregular and send my Dec 2004 month salary on 26 Jan 2005.

As the company was highly irregular in paying the salary in time, i resigned the company stating the same reason.

As my company voilated the clause stated in Para 1, by not paying the monthly salary in time, the offer become void.

Can the company pursue the legal action against me for violation of clause numbers 10.

Please advise ...


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