vr2b14ever
New Member
Hi All,
I have a couple of questions about my employment agreement. I have tried to dig recent threads, but could not find a comprehensive answer (sorry if I have missed).
I'm on H-1B. Working with my original sponsor for last 5 months (first client). Signed offer letter, employment agreement and employee handbook(this one was signed in US). Looking to transfer the visa now, but the following clause from agreement is stopping me:
Buy-out provision: Employee recognizes that the Company will have incurred cost and expense, both tangible and intangible, including but not limited to recruiting, training, relocation, education, visas, legal, accommodation, transportation, commission and insurances. Therefore, to cover these costs, should the Employee terminate this agreement prior to 18 months after the commencement of employment, Employee shall reimburse the Company, the sum of $1,000.00 per month for every month remaining in the 18 month term, plus any outstanding loans or advances the Company might have extended to the Employee.
If I quit and don't pay them this money, can they challenge me in court of law and get it enforced???
Is this an illegal clause?
The employer gave me back my security deposit, reimbursed my air-fair, did not pay me for first 3 weeks on bench, did not give me a joining letter and I have all pay stubs with me.
The employee handbook says that its an employment At-Will.
Any advise, pointers or reference will be appreciated.
Thanks in anticipation.
I have a couple of questions about my employment agreement. I have tried to dig recent threads, but could not find a comprehensive answer (sorry if I have missed).
I'm on H-1B. Working with my original sponsor for last 5 months (first client). Signed offer letter, employment agreement and employee handbook(this one was signed in US). Looking to transfer the visa now, but the following clause from agreement is stopping me:
Buy-out provision: Employee recognizes that the Company will have incurred cost and expense, both tangible and intangible, including but not limited to recruiting, training, relocation, education, visas, legal, accommodation, transportation, commission and insurances. Therefore, to cover these costs, should the Employee terminate this agreement prior to 18 months after the commencement of employment, Employee shall reimburse the Company, the sum of $1,000.00 per month for every month remaining in the 18 month term, plus any outstanding loans or advances the Company might have extended to the Employee.
If I quit and don't pay them this money, can they challenge me in court of law and get it enforced???
Is this an illegal clause?
The employer gave me back my security deposit, reimbursed my air-fair, did not pay me for first 3 weeks on bench, did not give me a joining letter and I have all pay stubs with me.
The employee handbook says that its an employment At-Will.
Any advise, pointers or reference will be appreciated.
Thanks in anticipation.