Is it OK to take an unpaid vacation from current co. and join another co.

M

mayaandmuttu

New Member
Hi I have signed a bond with my company that if I will leave the company before one year at the time when I am on a project, I have to pay them $10,000 not as a penalty but as the expenditure they hv done for me.
Few months back, when I was on bench (non billable) for a month, my employer gave me a 2 weeks notice to terminate my employment. Luckily I got a project at the last moment in the thru the same employer. Now after joining the new client for 1 month, I have got another v nice offer. I want to join that company but before resigning from my current co I want to take the unpaid vacation and join the new co. and once everything is fine I want to resign from this co. or keep on extending my vacation until they fire me..
My questions are --
1. Is it okay if I tell them that I am going to India or due to some personal problems want unpaid vacation and join another co. Is there any legal issue in doing that..?
2. Can my employer trace me out and ask for the money I have signed ?
3. In case he find out that I am here in USA working for another employer, can he take any legal action ?
and if he ask for the bonded money, Is there any legal way that I fight with my employer saying that you have already fired me when I was non billable so why are you asking for the money now.

Please help me and I need your expert views...
(My visa transfer has been applied by another company)
 
Hi I have signed a bond with my company that if I will leave the company before one year at the time when I am on a project, I have to pay them $10,000 not as a penalty but as the expenditure they hv done for me.
Few months back, when I was on bench (non billable) for a month, my employer gave me a 2 weeks notice to terminate my employment. Luckily I got a project at the last moment in the thru the same employer. Now after joining the new client for 1 month, I have got another v nice offer. I want to join that company but before resigning from my current co I want to take the unpaid vacation and join the new co. and once everything is fine I want to resign from this co. or keep on extending my vacation until they fire me..
My questions are --
1. Is it okay if I tell them that I am going to India or due to some personal problems want unpaid vacation and join another co. Is there any legal issue in doing that..? you are trying to misrepresent the facts. this can be used by anyway by your employer. this is very complex approach. check with your state laws and your employment contracts. consult good lawyer.
2. Can my employer trace me out and ask for the money I have signed ? yes
3. In case he find out that I am here in USA working for another employer, can he take any legal action ? yes
and if he ask for the bonded money, Is there any legal way that I fight with my employer saying that you have already fired me when I was non billable so why are you asking for the money now. you may have been given notice but that may have become void once they placed you in the new project.

did your employer pay on that bench period? if not then you have the right to quit. all the agreements you signed will be void. it will be foolish for them to comeback to you when they have violated h1 labor laws by not paying you on bench. you can even report to dol to those wages back free of cost.

if they paid you on the bench or notice period then its better for you to wait for 1 year and then choose to quit. play safe. consult with good employement based lawyers.

Please help me and I need your expert views...
(My visa transfer has been applied by another company)
 
Thanks a lot for the reply.
I have one query now...
what legal action my current co. can take when they will get to know that I am not on vacation but working somewhere else as
my visa would be transferred to the new company and I will get the pay from only one company at a time...and it is no where mentioned in the contract that I cannot join another co. before 1 yr. at the most they can ask for the money I have signed..Is there any other issue also they can charge against me.
Pls correct me if I am wrong.
FYI : My co. paid my full salary when I was on bench.
Regards
Muttu
 
it all depends on what kind of employment contract you have with your employer and what state you or your employer is. mostly they will charge you for breach of contract and seek the mentioned amount possibly with legal cost also (all depend on the working in your contract).

generally it doesnt mean that you have to oblige or anything enforceable just because you have signed. a company can have any policy but the governing law overrules it.

you cannot take vacation from one company and use that period to work for another. it may cause too many issues. its better to avoid misrepresenting the facts.

if you have started your job hunt during the notice period they gave then you may have a claim. discuss with employment related law firm. your issue is not immigration related.

if the contract is too restrictive to their favor then you may win. it depends on your state law also.
 
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