Help! Offer letter includes 1 yr employment clause

T

tarantula

Registered Users (C)
Hello Gurus,
I got my GC approved 3 weeks back and moved to the US to join my Company's US branch. I just received the employment letter and it has a clause stating that I should be employed with them for 1 yr (or else I need to pay back 3k).
At the time of starting the GC process, I did not sign any such letter. Now, they are trying to stick it to me. They did not do a good job with the immigration process, it was pretty sloppy. Hence, I feel that I would be OK if it was for a 6 month period.
I have had no problems with the company and do not intend to leave even after a year. But when I saw that clause, I was kind of ticked. It's a mutual understanding of trust. I have been employed with them for the past 4 years and worked my butt out for them. This is a software consulting firm. So, that's what pisses me off.

What should I do in this situation:
1. Should I go back and ask them for a 6 month clause
2. Should I tell them it's unacceptable.
3. What if I don't sign that clause? Is it legal at this point (since the letter at the CP interview didn't state that clause)?
3. Any other ideas?

Please let me know soon what you think. Thanks a bunch.
 
JoeF,
Thanks for your reply. I have taken a position of talking to them over this and see where it goes. I have no idea where to find a GOOD/REPUTABLE labor lawyer where I live. The amount they have stated is not big but after 4 years of endless billing gigs, they still had the nerve of sneaking this in. Here is the exact text:

Company has been pleased to support you and your family throughout the process of your becoming permanent residents of the US. This process has involved a considerable amount of time and effort on your part as well as Company's. Additionally, the company has incurred substantial legal fees paid to the US government during the course of this process. Therefore, we hope you will understand that if you leave the company prior to September 16, 2006, for any reason other than a reduction in work force, you will be expected to repay a portion of these expenses (the sum of $3,000) at the time of your exit.
 
Check with an employment attorney who will help you determine if this is a valid provision.

For whatever it is worth, most companies here give new hires relocation bonues. But if the new hire leaves before the end of his first anniversary then he has to disgorge at least a portion of the bonus (the exact amount depends upon the how soon he leaves). This is standard practice.
 
I think it is normal pratice to charge the fees incurred for processing your GC. $3K is not absurd, as i have seen in some post where they ask in 6 months pay or $100,000. Anyway for EB GC it is better to stick with employer for one year to avoid GC fraud charges.
 
tarantula said:
JoeF,
Thanks for your reply. I have taken a position of talking to them over this and see where it goes. I have no idea where to find a GOOD/REPUTABLE labor lawyer where I live. The amount they have stated is not big but after 4 years of endless billing gigs, they still had the nerve of sneaking this in. Here is the exact text:

Company has been pleased to support you and your family throughout the process of your becoming permanent residents of the US. This process has involved a considerable amount of time and effort on your part as well as Company's. Additionally, the company has incurred substantial legal fees paid to the US government during the course of this process. Therefore, we hope you will understand that if you leave the company prior to September 16, 2006, for any reason other than a reduction in work force, you will be expected to repay a portion of these expenses (the sum of $3,000) at the time of your exit.
Click to expand...


$3,000.00 to get out is about as cheap as it gets. If your employer is happy with this amount, paying this at the end of 6 months is the better thing to do. Your labor lawyer consultation will not be free.

I have paid my lawyer more than $12,000.00 so far for services rendered. I continue to work with my employer who has been very reasonable to me.
 
JoeF said:
Whoa. That's a bunch. Do you pay the lawyer by the hour?
I paid a flat fee, and I paid about half that amount (ok, that was in 1998 to 2000.)
Click to expand...

I had actually filed both for NIW and labor certification. Also, the lawyer had to spend additional time with the labor certification due to an error by the USCIS. The latter part was by the hour.

All said, it was worth it. I have peace of mind now and sleep easy. I would have been part of the retrogression if we would not have been aggressive.
 
Thanks for all your views on this. I really appreciate it. I will be talking with them on this matter. Thanks again.
 
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