can I break J1 waiver conract before the Paper work is submitted to State health Dept

[gullu01]

I got an offer for J1 waiver job from Employer -A which I signed recently (and supposed to start work after JUly 2007 whenever I get the J-waiver ). But since then for some reason has tried to deny me the position 2-3 times for some small reasons ( those reasons do not make much sense ) but since at that time that was the best ( or almost the only) offer I had , I kind of begged and convinced them to offer me the job ( even though there were several things mentioned ( should I say not mentioned ) in the contract , which I was not happy with at all . They have the signed contract with them for several days but still they are delaying to submit the J1 waiver paper work to the State health dept.
Now I have a great offer from other state -Employer -B ( everything in the contract and pay is the best I can dream of) .

Q1) Can I accept the new contract B and break the old contract- B even though in my contract with Employer- A its states that I cannot break the contract myself. ( J-1 waiver paper work is not yet submitted to the state health dept yet but I did apply for the Case #)

Q2) Can the new empoyer sue me for breaking the contract make use of "250k clause" in the contract.

Q3)How should I approach this with Employer A

 

[hadron]

What you need is bona fide legal advice regarding a rather complex contracting issue.
Like it or not, you'll have to retain a knowledgeable physician contract attorney to sort this mess out, nobody here will be able to give you a solution to this problem.

 

[farsheedj]

hi
i will recomend going with employer B and forget about employer A or what he can do .If your waiver is not yet submitted to health dept through employer A then dont submit it and go with employer B specially if job conditons are good. If the start is bad with employer A and you have to beg to get your paperwork done then it is recipe for disaster down the line as you have to spend 3 years plus do you green card/labor/NIW processing through this employer.
This is my personal opinion and not a legal advice. Use it on your own risk.Consult an attorney.

 

[Obelix1]

Why don't you just begin with telling employer A that you are not interested anymore? Tell him that the process is too complicated (which is true... with him) and that you are looking for other alternatives. If he wasn't interested in giving you the job from the beginning he'll probably just be happy to let you go. J1 waivers are complicated and employers easily shy away from them unless they really need the person for the job. He didn't want to give you the job so I don't see why he would waste time and money in trying to sue you... What would he get?

I would talk to him asap, then, you'll see...

 

[hadron]

He didn't want to give you the job so I don't see why he would waste time and money in trying to sue you... What would he get?

How about all of his assets and all of his income beyond the minimum wage in that particular state ?

By the way, I don't think that the 250k damages provision is particularly enforcable. If anyone could point me to some case law where this has either been enforced or thrown out in court it would certainly be helpful for everyone here.

 

[gullu01]

Thanks a lot for all of you who replied to me...
I will speak to a physician contract attorney tomorrow.

The main thing i am concerned is that even though he tried initially after signing the contract employer- A tried to kind of black mail me saying we will not offer you position for some simple reasons.. and finally kind of OK to offer me...

I fear that now when I want to back off,, they might take advantage of the 250 k clause in the contract and sue me

 

[J1victim]

contract issues ...

Thanks a lot for all of you who replied to me...
I will speak to a physician contract attorney tomorrow.

The main thing i am concerned is that even though he tried initially after signing the contract employer- A tried to kind of black mail me saying we will not offer you position for some simple reasons.. and finally kind of OK to offer me...

I fear that now when I want to back off,, they might take advantage of the 250 k clause in the contract and sue me

i agree with hadron. you need to talk to a medical contract attorney for YOUR state.

one helpful hint. Many times the contract might say something like this-
"this contract will come into effect from the start date of the job ........."

.

 

[drrambo]

I agree with my other friends above dont go for employer a since they sound like donkeys backs.I recommend VA hospitals since they re more trustworthy and get less exploited.the only time you cant pull out is when your j1 is approved (i know this from personal experience).i m 19 mths into my waiver and hate it.another piece of advise is if u wanna do fellowship do it before waiver (i know this from personal experience too i pulled out of pulmonology /ICU fellowship grrrrrr )

take care and best of luck

Ash

 

[midas033]

go with B

This is very a comonly played trick with us..they back off and make you dilute the contract further since you would stop looking for options. There is nothing that he can do legally to come after you since you have not actually started working. Further, there are more than 6 months left(legally) for him to look for alternatives, if u were to inform him in writing (preferably through a lawyer) - thus you will be safe. This job is certainly a recipe for disaster once you take up the job. you can PM me if u wish to.

keep us posted.

midas033