employer blackmail

J

jackpot007

Registered Users (C)
Hi guys,
I was wondering if I could have any input on my situation. I'm an Indian physician doing a J1 waiver in an underserved area. I'll be done in September,2006. My H1B is valid uptil 6/30/2006. I did not file NIW. There is an other physician in my group in almost similar situation as mine. Recently,he went to the employer to get H1B renewal paers signed. My employer refused to sign it unless he extends the contract for another year. I'm really shocked as I also need to get H1B renewal signed by him in the near future. I'm in the state of Nevada.I'm also licensed in NJ and PA.
What are the options available. I have a restricted covenant and I don't want to stay a day longer with this bloodsucker.
Any advice will be appreciated.
Thanks.
 
Didn't the state require you to provide a 3 year contract in order to sponsor you for a conrad30 spot ??

(every once in a while I get this dark dream. It goes something like this: hadron, the avenger of the exploited J1s, puts on his black cape and criss-crosses the country slaying exploitative employers.)
 
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Thanks for the concern,Hadron.
Yes,the state of Nevada required a copy of my contract which stated that I'll be working in the underserved clinic for a total of three years. But here, the employer is exploiting the H1B renewal situation to extend the contract.
Also, he filed for my labor which got approved last year. But he wanted me to extend the contract when I asked him to sign the paperwork to file for I-140. I refused that at that time.
I'll be done with my waiver in 9/2006. I only need two month H1B extension.
Can I complain to the state dept of health regarding his blackmail.
 
I don't know whether they can help you out there.

http://www.usdoj.gov/crt/osc/

One way to go about this would be to sign the contract extension, and leave the employer the moment you 3 years are up. He might sue you, but given the possibly illegal way he coerced you into signing the contract, you would have a good chance to get out of it. Also, restrictive covenants in HPSAs and MUAs are easy to circumvent. In an area officially declared to be short of physician services, the 'public interest' dictates that one physician cannot force another physician out of practice simply for his financial gain.
 
Firstly please let me express my rage at this. I always dream of somehow getting a green card then suing these exploitative employers. Unfortunately however US immigration law is skewed in their favour and inherently has its exploitative component, otherwise if the sole purpose is serving the underserved why the need for mandating H1b status for waivers, why is it not possible to allow J1 docs to OPEN practices in underserved areas with the assistance of local hospitals and be their own bosses like the rest of the profession. I faced a similar situation some months aback and kept thinking why the hell am I in this and why now, after 2yrs 10 mths............so close and yet so far!
Here are a couple of suggestions, firstly if he is agreeable to any sort of an exit clause then thats worth thinking about, most physician contracts have them for both employer and employee. This is what my employer agreed to in the end, ie a 2 yr contract with 1 yr mandatory with 3 month notice clause either way after that. Likewise if there is any part of your contract that he violates, then you would always be on grounds to challenge it. If he is paying you less than prevailing wage or doing anything at all to break the spirit of the contract eg calls, vacation etc then you can have a basis to fight him, once your 3 yrs are up. Even otherwise I have been advised that no compete covenants are difficult to enforce in general and especially so in HPSAs. Employment contracts likewise. However you should consult a good attorney. State medical societies sometimes have valuable resourses in this regard and can give more locally relevant advise. Best of luck.
 
employer refusing H1 extension ....

posmd said:
......... Even otherwise I have been advised that no compete covenants are difficult to enforce in general and especially so in HPSAs. Employment contracts likewise. However you should consult a good attorney. State medical societies sometimes have valuable resourses in this regard and can give more locally relevant advise. Best of luck.
Click to expand...
mostly agree with *posmd* above but one thing is Wrong. Non compete clauses ARE ENFORCEABLE. I have seen physicians being forced to abandon their practice and move away. So don't think the non compete clauses are not legal.

I recently had to undergo similar situation (like jackpot007) regarding my employer forcing me to sign an extended contract for *15 years* (no kidding ... 15 years) before sponsoring me for GC. I was the end of my GC process and was only 20 days away from the GC interview. A friend of mine also had to face similar situation just 2 months back.

The exit clause for you in your contract (or the extended contract) will be the one that will decide how to go for it. If there is no exit clause for you (yes i have seen J1/H1 contracts with no exit clause for the employee and yet the employer has the termination at will clause), then you will be stuck with employer until the end of your contract.

So decide for yourself ... what is important? Remember, before your GC, you need to maintain your status by extending/renewing/changing you H1.
so start looking for a new job, if it is totally unfavorable to you.

you may email me at: j1victim at yahoo dot com if any queries. all the members on this bulletin board have been affected one way or the other by the immigration process and are here to help others who are in similar boat.
.
 
Non-competes in HPSAs are regularly stricken by the courts. In some states non-competes are specifically restricted by state law (in most states there is case law on the specifics).

A 15 year contract without an exit clause is entirely unreasonable and wouldn't hold up in court. If you reneged on it with a reasonable notice period (like 90-120 days), no attorney would pick up the case for the employer.

You need to talk to an attorney versed in physician service contracts in this particular state.
 
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I don't understand re: H1 extensions...

Initial H1 is for three years and this would satisfy 3 year waiver.

Didn't you have 3 year contract to satisfy State Conrad requirement and hence 3 year initial H1?
 
I started my J1 waiver in september 2003 and the H1B is valid uptil 6/30/2006. It is 2 month shy of the three year waiver period.
 
I assume that your H1 states start date of July 1... and you started on Sep 1.... Can you have your current H1 modified to show your start date of Sep 1..... if you have a lawyer you can ask him/her.

Just a thought...
 
We were 3 physician working with a typical abusive employer for last several years.
Two of us were always HIB, and one was doing J-1 Waiver, the area was underserve. All three left employer 2 months ago,and start practicing with in the covenant area joining the sourounding hospitals. I have extensive research in HPSA/Abusive employer and any enforcement of noncompete clause which is not validated by any courts if its against public interest.
No compete clause are usually disfavoured by all the couts but part of many standred contracts to protect the bussinesses and employer, but if it is against the public interest its not enforceable, NIW as the name implied is a Physician servicing a underserve population area in public/National interest.

Inshort my advise for u is, sign any paper u need to cmplete that H1B shortage duration, since u were J-1, NIW filling will not help u to buy that 3 months that u have to manitain mandatory 3 years non-immigrant status. once 3 years commitment is done, do what ever u want to do, file a self petetion NIW u can even file it today) and just spend the rest of two years in the same or any other underserve area(if zip code different will need new I -140)
just complete exact 2 more years and u are done, also u can open your own practice if u are ready or may join the hospitals/or any other big group interested in you, like us for a decent competetive salaries.

Good luck
 
Community health center

hello All,
I am a dentist working in a community health center in IL. I had to sign a three year contract (in Jan 05) for them to file my H1B.
Later (in sept 05) I started my GC and am done with PERM and I 140. I am waiting for I 485 approval now.
My question is if i get a I 485 approval before the three year period BY LUCK,
is there any way to amend / cancel the contract???
I have heard about National provider numbers for health professionals. I dont want my clinic to go after me later.
BTW my company doesnt have a blood sucker boss.
thanks
 
dent_75 said:
hello All,
I am a dentist working in a community health center in IL. I had to sign a three year contract (in Jan 05) for them to file my H1B.
Later (in sept 05) I started my GC and am done with PERM and I 140. I am waiting for I 485 approval now.
My question is if i get a I 485 approval before the three year period BY LUCK,
is there any way to amend / cancel the contract???
I have heard about National provider numbers for health professionals. I dont want my clinic to go after me later.
BTW my company doesnt have a blood sucker boss.
thanks
Click to expand...


Assuming that your clinic sponsored your GC, you may want to stick with them for a while (may be 6 months or so) after approval of I-485 to be able to prove (in the future) intent to work for them.

Beyond that, your relationship with the employer is regulated by IL labor laws. You may want to check that with attorney dealing with labor laws.
 
> I had to sign a three year contract (in Jan 05) for them to file my
> H1B. Later (in sept 05) I started my GC and am done with PERM and
> I 140. I am waiting for I 485 approval now.
> My question is if i get a I 485 approval before the three year period
> BY LUCK, is there any way to amend / cancel the contract???

There are two issues You have to look at:

- immigration law: There are certain rules on when and how you can leave an employer before and after approval of a GC (rule of thumb, 6months either way).

- contract law: 'Pacta sunt servanda' is a basic principle of civil law. If you entered into a valid contract, by default you are required to abide by this contract. There are a couple of elements making a contract valid in the legal sense. One is whether you received 'consideration' meaning something in return for your promise to work for them. Generally, a steady salary and benefits are considered 'consideration'. So, if you want to get out of the contract, you are going to have to negotiate an exit clause. Hook up with an attorney familiar with physician employment contracts, your state medical or dental society might be able to give you the names of some reputable physician contract attorneys. Go over your current contract with him and come up with a strategy for negotiating your way out of it. Most employers don't want disgruntled employees, if you offer them a reasonable notice period (e.g. 120 days) which allows them to hire a replacement, they might not even give you a hard time. It is very important to know your rights based on IL state law BEFORE you engage in negotiations.

> I have heard about National provider numbers for health professionals.

I guess it is the upin you are referring to. This number is tied to your person, and an employer can't 'go after' your upin.

http://upin.ecare.com/

However, if you have billing numbers with individual insurers, you might be restricted from taking these numbers along with you if you leave.

> I dont want my clinic to go after me later.

If you just leave without looking at your contract, they might sue you for breach of contract. So, you will have to find some sort of equitable solution for the situation with your employer if you want to leave.

> BTW my company doesnt have a blood sucker boss.

Great, if he is a reasonable person, there is nothing wrong with proposing an earlier separation date. The good thing with CHSs is that you wouldn't compete with them for patients, even if you stay in the same geographic area.
 
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thanks

Thanks aibolit and hadron for this info. i really appreciate that.
its just going to be a long wait ....
 
Hello

Hi,
The federal register has a clause that says that it is not legal to put a non compete clause for J-1 physician working in underserved area (hpsa/mua). The whole premise of the J-1 program is not only to recruit but retain the physician. Also there are specific cases in which courts have struck down the non compete agreements. This varies by state.... some states will modify the non compete to make it fair to both parties or some will totally throw it out...

Does anyone here in forum know.. if employer terminates the employees contract without reason within the 5 yr period.. and employee opens his/her own practice in the hpsa, is the non compete enforcable... or not.. Any opnions welcome.
wi_lca
 
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