H1B Transfer/Ex-Employer Threatening

[praveenpant]

I came to the US on an H1B visa of a company ABC in the year june 2003. I was on bench till Aug 20 2003 ( and was not paid during that period)and then was offered a project and was made to sign a bond for 18 months.The salary that was offered to me was much less than what was mentioned in the employment letter.But still I continued with this employer for 16 1/2 months. Now I got a better offer from another company and got my H1B transfered.After I joined the new company I got a notice from my ex-employer saying that I have to pay them a sum of USD 10,000 as per the bond for leaving the company before 18 months.The company has not yet paid me for 96 hours and also I was eligible for 2 weeks of paid leave after one year which was denied to me. What are my options available??Please help me

 

[saigc]

I came to the US on an H1B visa of a company ABC in the year june 2003. I was on bench till Aug 20 2003 ( and was not paid during that period)and then was offered a project and was made to sign a bond for 18 months.The salary that was offered to me was much less than what was mentioned in the employment letter.But still I continued with this employer for 16 1/2 months. Now I got a better offer from another company and got my H1B transfered.After I joined the new company I got a notice from my ex-employer saying that I have to pay them a sum of USD 10,000 as per the bond for leaving the company before 18 months.The company has not yet paid me for 96 hours and also I was eligible for 2 weeks of paid leave after one year which was denied to me. What are my options available??Please help me

you are supposed to adhere to the contract. try negotiating with your employer. some states prohibit such agreements altogether.

non payment of salary during your initial bench period is different issue and should be escalated in different way. you cannot mingle that now.

your employer breached the contract by not paying the salary offered initially.

your employer is supposed to pay for that 96 hours irrespective of whether you breached the contract or not (but note that if you have signed an agreement agreeing for your employer to withhold wages if you breached your contract then it may be permissible depending on the state laws)

try:
1. negotiat with your employer and exit smoothly benefiting both.
2. hire local attorney and send them legal notice to collect 96 hours of wage, bench pay, and unused leave. you may project that you leave due to your employers breach of contract. talk to good local lawyer practicing employment/labor law.