Resign contract and reinburse employer?

E

erzerz

New Member
Hi
I a am a TN Visa holder and I want to resign to change to another company. I've been working for the company for twelve months but my at-will contract states:


In the event that the Employee is terminated (...) resigns voluntarily within eighteen months, shall pay the Employer as reimbursement to cover recruiting, relocation, orientation, and training expenses. The amount shall not be less than $12,000 USD.

Is that legal? Is possible thatI just ask for a 6 months leave and then quit?

I am working as an IT outsourcing resource and my project is ending, without project they will only pay me my regular salary for 1 month and then, if still I do not get a project, they will only give a check of $250 per week while I'm "on the bench", but I'm under a W2.

Is that legal? Should I wait until they stop paying me to quit?
 
The reimbursement provision is legal, and you signed it, so it is binding.

What is illegal is "benching" you and keeping you on payroll if you are not working . You would not be in a legal position, and benching does not keep you in status, so both of you would be committing immigration fraud, if you stayed in the US under those conditions. In this case it would be THEM that are letting you go, so you would not have to pay any reimbursement.

Sounds like you are dealing with some shady desi sweatshop.

You can do better than that.
 
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