Is the agreement valid ?

P

pmkr

New Member
Hi,

I am working as a software engineer. I\'m an H1B holder. Before coming to US, I\'ve signed an agreement with my employer in Chennai, India. The agreement says that, I have to be working with the company for a minimum period of 18 project months. Before completing 18 project months of my service with the company, if I quit, all the expenses incurred on me (like VISA fees, attorney fee, relocation expenses etc.) which is to the tune of $10000 (Ten thousand dollars only) should be reimbursed to the company.

This agreement, though I signed in India, I signed in the US office letter head. So, it appears as if I signed in US office.

I\'ve been working with my employer for the past 13 months (from Aug. 27th 1999) and now I\'ve got a good offer and I took it up and I am joining the new company by the last week of this month.

Will the agreement legally hold me from quiting my employer and joining the new company ? Is there a possibility of me getting sued by my employer or being issued a notice from the lawer ? What should I do if such scenario arises ?

I hear from my friends, that, in US, it\'s against the labour law to have such agreement and it is not valid here in US and hence I need not worry about that. Some of my other friends are of a diff. opinion, that the agreement doesn\'t mention that it is a bond, and since it requires only the expenses to be reimbursed, it holds good, and I may be sued.

Can you please clarify this ? Your earliest possible reply will be highly appreciated.

Thanks a lot in advance
Muthukumar
 
No Title

I had interviewed with a consulting company "A" in Mar \'99 and had an employment offer from them. They said they would sponsor my H1 visa and would ensure that I go to the US by August 99- along with my husband who was going on an F1 (student) visa. They delayed in appying for the visa and I could not go that year. In the meanwhile I interviewed with a more reputed company "B" and got an offer from them and decided to join "B".

With A I had an agreement that if I did not join I would pay them 4K, but if I terminate I would have to pay 20K dollars. I did not join A and came directly to the US from India on company B\'s H1 visa.

Now the company A is suuing me for 20K dollars.

I need some advice and precedents on this.
I have been issued a summons by company A and need to reply to them by Dec 12 2000.

Thanks
 
No Title

I cannot remember where I read this but I am pretty sure that the company cannot do this, regardless of what contracts were signed. Contact a lawyer.
 
You must log in or register to reply here.
Top