• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Seeking legal advice on demand from prior employer

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bkish_07

Junior Member
Hi, I am currently employed in USA and left my prior firm after working for ~9years working across international locations. For the current employment location in USA, my prior firm applied for necessary Visa and Permanent Resident (PR) applications in US that got approvals over a period of last 6 years. This was essential to work legally in USA with the firm. However after few financial troubles in the firm over last year I decided to look for outside opportunities. After my leaving the firm last month, the HR sent a demand letter to claim fees paid towards Visa/PR processing citing a form that I had signed in 2019 showing I needed to work for the firm for at least 2 years post PR approval. It has been over 3 years since signing this form and over 9 months since PR approval.
I want to understand legitimacy of this demand and available options.

What is the name of your state? New Jersey
 


Zigner

Senior Member, Non-Attorney
It sounds to me like you didn't work for the company for 2 years after the PR was approved. Why do you think you wouldn't owe the money?
 

cbg

I'm a Northern Girl
I'm going to give you the same answer I give everyone who asks about the enforcability of a document they have signed:

We cannot interpret the terms of a document we have not read. Take all the associated documentation to a New Jersey attorney, preferably one who has experience with immigration issues.
 

adjusterjack

Senior Member
After my leaving the firm last month, the HR sent a demand letter to claim fees paid towards Visa/PR processing citing a form that I had signed in 2019 showing I needed to work for the firm for at least 2 years post PR approval. It has been over 3 years since signing this form and over 9 months since PR approval.
Are you saying that you did not work for that company for the full two years?

How much money are they demanding? Dollar amount?

I want to understand legitimacy of this demand and available options.
Do you have a copy of that form? If not, I suggest you demand a copy. Then find another legal website where you can upload a copy for review. There's no way to do that here.
 

Zigner

Senior Member, Non-Attorney
Do you have a copy of that form? If not, I suggest you demand a copy. Then find another legal website where you can upload a copy for review. There's no way to do that here.
What the OP needs to utilize to have the purported contract reviewed is an attorney and not a website.
 

zddoodah

Active Member
After my leaving the firm last month, the HR sent a demand letter to claim fees paid towards Visa/PR processing citing a form that I had signed in 2019 showing I needed to work for the firm for at least 2 years post PR approval. It has been over 3 years since signing this form and over 9 months since PR approval.
So...if says that you "needed to work for the firm for at least two years" following "PR approval." Correct? So...the date on which you signed the form is irrelevant, right?


I want to understand legitimacy of this demand and available options.
Based on what you posted, it's a legitimate demand and your options are to pay the money or not. If you choose the latter option, then your employer may sue you and, based on what you posted, likely would win. The employer may also have additional remedies based on the terms of the contract.
 

Zigner

Senior Member, Non-Attorney
So...if says that you "needed to work for the firm for at least two years" following "PR approval." Correct? So...the date on which you signed the form is irrelevant, right?

Based on what you posted, it's a legitimate demand and your options are to pay the money or not. If you choose the latter option, then your employer may sue you and, based on what you posted, likely would win. The employer may also have additional remedies based on the terms of the contract.
I (obviously) don't disagree with anything you said, but I also suggest that the OP have the document reviewed by an attorney to make sure (1) that it is actually a valid "contract" and (2) that it doesn't violate any relevant state or federal laws.*

*I understand that the review suggested in (1) would include the review suggested in (2), thus making suggestion (2) redundant. From a layman's perspective and for the OP's benefit, however, it seemed prudent to list them both.
 

bkish_07

Junior Member
Thanks for all the inputs.
1. The 2 years mentioned in the signed form is not completed hence the demand request from employer is valid. However the process of PR approval is lengthy and the usual time of about 1 year took over 2.5 years also impacted by delays during Covid period. Hence its a legitimate concern from employees as they should not be dependent on external dependency for employment opportunities. Also there is nothing stopping the employer to ask for longer time periods rather than 2 year, say 5 years. So I want to understand if such practices are deemed fair and legitimate?
2. The signed letter also talks about making all final payment by the last day at the firm. However I was intimated about the demand only after leaving the firm (and joining another firm) and I had no time to discuss or plan for the demand.
The amount is ~20K hence I am looking for all options before reverting back. Thanks for everyone's views.
 

Zigner

Senior Member, Non-Attorney
Thanks for all the inputs.
1. The 2 years mentioned in the signed form is not completed hence the demand request from employer is valid. However the process of PR approval is lengthy and the usual time of about 1 year took over 2.5 years also impacted by delays during Covid period. Hence its a legitimate concern from employees as they should not be dependent on external dependency for employment opportunities. Also there is nothing stopping the employer to ask for longer time periods rather than 2 year, say 5 years. So I want to understand if such practices are deemed fair and legitimate?
Those things are very much not in the firm's control
2. The signed letter also talks about making all final payment by the last day at the firm. However I was intimated about the demand only after leaving the firm (and joining another firm) and I had no time to discuss or plan for the demand.
The amount is ~20K hence I am looking for all options before reverting back. Thanks for everyone's views.
In other words, you ignored the requirement to repay the amount.

Talk to an attorney. Really.
 

LdiJ

Senior Member
Does it really cost 20K to get permanent residency in the US these days? I have lots of clients who have become permanent residents over the last 10 years or so and none of them could have afforded 20K. I definitely would consult an attorney with all documentation in hand before handing over that kind of money.
 

bkish_07

Junior Member
The firm would have separate immigration lawyer company who would charge heavily for each filing that may have led to this amount. Any pointers on a good attorney on this case would be appreciated!
 

Zigner

Senior Member, Non-Attorney
The firm would have separate immigration lawyer company who would charge heavily for each filing that may have led to this amount. Any pointers on a good attorney on this case would be appreciated!
This forum is not a referral site, although I'm sure that you can use your favorite web search engine to find a few local employment law attorneys.
 

LdiJ

Senior Member
The firm would have separate immigration lawyer company who would charge heavily for each filing that may have led to this amount. Any pointers on a good attorney on this case would be appreciated!
You would want to consult a couple of immigration attornies to see what their rates are for that kind of work, and an employment attorney to review the agreement for enforcability.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top