Bond

[thatdude]

In the year 1999, when I accepted employment, I signed a "terms and conditions" which included the following:

In the event that you are successful in obtaining immigration status through the company, you will agree to enter into a three (3) year employment contract with the company, from the date of obtaining such immigration status. You will agree, that in the event you are unable to serve the company for the stipulated period, to pay a penalty of 50% of your annual gross earnings at the time you leave the services of the company. "Annual Gross Earnings" will be assessed for the immediate past 12 months.

Can the company enforce the clause legally??

 

[pralay]

In the year 1999, when I accepted employment, I signed a "terms and conditions" which included the following:

In the event that you are successful in obtaining immigration status through the company, you will agree to enter into a three (3) year employment contract with the company, from the date of obtaining such immigration status. You will agree, that in the event you are unable to serve the company for the stipulated period, to pay a penalty of 50% of your annual gross earnings at the time you leave the services of the company. "Annual Gross Earnings" will be assessed for the immediate past 12 months.

Can the company enforce the clause legally??

Yes, they can try, but in general most of the times court ruling for this kind of cases goes in the side of employee (or ex-employee). Asking for the penalty 50% of salary has no ground ("penalty" for what?) - especially when you already served them for certain period of time (before getting GC). Legally, sponsoring GC for you was in their own interest. Therefore, they cannot ask you for any penalty money for providing immigration benefit, in case you don't fulfill their expectation (i.e. you are leaving before 3 years of service). Re-emburshing or returning the certain expenses of GC process is a valid argument, but asking for 50% of salary is not.

 

[harvydonald]

Depends on what state you live in.
Find out if your state has right to work laws. For example here in Texas they will not be enfoce those laws, but in certain East Cost states they will be able to.