VERY Urgent: Employer Sued me

T

tvsubbu

Registered Users (C)
Hi,

I came to States through an Indian based company to work at clients site on H1B. I worked there for 7 months and I got a well paid job and I left the job. I signed the work BOND aggrement with my previous employer and now he sued me for 50,000 USD...I am stunned now...

I need some serious help. Any good information how to protect myself and sue that company?.

pleaseeeeeeeeeeeeeeeeeeeee help..

thanks,
subbu
 
Can you provide more details on the BOND.
He can only ask you to pay for his cost of getting you here to US.

But that doesnt equate to $50,000.

Advertising cost and air tickets and visa are only 3 three things, that add up. May be temporary stay when u arrived.

Provide details.
 
Employer can even eligible to sue you $100,000, all based on what you agreed and what you signed. Unless you give your agreement details no one can advise you in the free forum.

settling_withgc said:
Can you provide more details on the BOND.
He can only ask you to pay for his cost of getting you here to US.

But that doesnt equate to $50,000.

Advertising cost and air tickets and visa are only 3 three things, that add up. May be temporary stay when u arrived.

Provide details.
Click to expand...
 
tvsubbu said:
Hi,

I came to States through an Indian based company to work at clients site on H1B. I worked there for 7 months and I got a well paid job and I left the job. I signed the work BOND aggrement with my previous employer and now he sued me for 50,000 USD...I am stunned now...

I need some serious help. Any good information how to protect myself and sue that company?.

pleaseeeeeeeeeeeeeeeeeeeee help..

thanks,
subbu
Click to expand...

It is expectable. If you plan to USE someone, you will expect to PAY a price for that. You should consult a good attorney to try to reduce that but I doubt so since you have good income (not low income).
 
Always be careful before you sign any document. We all know that rule, but we still make the same mistakes. Many years ago I signed up to be a credit card guarantor for a friend while we were both applying for credit cards. Later the friend defaulted and vanished, and I was left with bad credit that troubled me for couple of years.

So be careful.
 
They cant sue you..

ag2006 said:
Always be careful before you sign any document. We all know that rule, but we still make the same mistakes. Many years ago I signed up to be a credit card guarantor for a friend while we were both applying for credit cards. Later the friend defaulted and vanished, and I was left with bad credit that troubled me for couple of years.

So be careful.
Click to expand...

I don't think the company can force you to work for them and I believe they cant bind you to any such contracts... you are not a bonded labor.

Normally companies sing such kind off contracts if they are paying for your education / training and that's the only things you have to reimburse for when you leave.

And I don't think you have to pay them for the charges they incurred to get you here.

But you have to consult a lawyer to ans to their lawsuit.

Best of luck
 
You people are not in the real world. he is liable to pay business losses due to leaving in between, if he signed with agreement on those clause, he can not escape on those non-compete clause too.

ariesny1 said:
I don't think the company can force you to work for them and I believe they cant bind you to any such contracts... you are not a bonded labor.

Normally companies sing such kind off contracts if they are paying for your education / training and that's the only things you have to reimburse for when you leave.

And I don't think you have to pay them for the charges they incurred to get you here.

But you have to consult a lawyer to ans to their lawsuit.

Best of luck
Click to expand...
 
Great guru is right, the employer can always sue you for loss of income frm the client b'cause of your resignation in the middle of the project . I had a friend who got sued by his company. He hired a lawer and lost the case. He ended up with $25k expence.

There are a few things you cld do

1. your aggrement will have a $ amt , you may to pay that up to your employer.
2. go to the labor dept, they are very sensitive to such law suits. If your employer is run of the mill consulting company, there are good chances he may have broken the law at some point [ benching people....etc ]. These are things the labor inspector can unearth.
3. hire a lawer and defend your case, but good chances u will loose.
4. negotiate with the HR of your old company
5. try to place an consultant in ur new company from your old employer

Hope this helps and good luck!
 
Did you sign this in U.S ? If yes then you are liable for costs as listed in the bond ?


ooo_gc said:
Great guru is right, the employer can always sue you for loss of income frm the client b'cause of your resignation in the middle of the project . I had a friend who got sued by his company. He hired a lawer and lost the case. He ended up with $25k expence.

There are a few things you cld do

1. your aggrement will have a $ amt , you may to pay that up to your employer.
2. go to the labor dept, they are very sensitive to such law suits. If your employer is run of the mill consulting company, there are good chances he may have broken the law at some point [ benching people....etc ]. These are things the labor inspector can unearth.
3. hire a lawer and defend your case, but good chances u will loose.
4. negotiate with the HR of your old company
5. try to place an consultant in ur new company from your old employer

Hope this helps and good luck!
Click to expand...
 
what that Bond For ?

First you need to clarify about bond ,what you signed ?
For what he is asking for 50,000 USD ?
if this is kind a bond that you should work for this much time (time bounded) .
and he is sueing u because of that then no worries >>sleep well .
Dont even reply to notice ,untill unless it is from court .

But if you break non competitive agreement like joined client , or leave job in mid of project only if project is "owned" by company .and it is specified in Bond then u r in trouble .

if ur company placed you at client place and you resigned ur company (u r company i snot "owner" of project/work ) then they cant force u to work as it is their responsiblity to provide man power to client .

Better if you post details ...
 
hi

Hi,

I apolise for not replying to your queries. I have just connected with a lawyer because I need to send my reply to that court notice..

I am also sorry if I posted in wrong place.


I consulted the lawyer bacause I got less time to reply them from my end.

Thank you for all your help.
 
dude, get a lawyer

No one here knows employment laws, so don't ask these questions here.

Also, no one can make you sign an employment "bond", all the states in the US are advocates of employment at will and neither employer or employee can force one another into a binding contract unless the agreed upon sum is due for some work in return. They are asking for $50K from you for what?? For signing a piece of paper?

Your lawyer should request a detailed breakdown of the $50K and mind you, the employer is liable for airfare etc..if they sponsored your H1B. The H1 visa doesn't require you to stay with any company and is not a binding contract. So go ahead and counter-sue for mental torture etc...during the time you were with them.

FYI - I AM NOT A LAWYER and I DO NOT OFFER LEGAL ADVICE. I am using my rights toward free speech as a citizen of this country ;)
 
java2king said:
No one here knows employment laws, so don't ask these questions here.

This is repeat ans to the same post
He is liable to pay business losses due to leaving in between, if he signed agreement on those clause. Here no body compelling to sign a bond , you volunteer to sign it in the first place before joining. You can always look for a no-commitment/bond employer if you want jump frequently.


He can not escape on non-compete clause too, if he signed. Does not matter whether he is in H1 or US Citizen..

Also, no one can make you sign an employment "bond", all the states in the US are advocates of employment at will and neither employer or employee can force one another into a binding contract unless the agreed upon sum is due for some work in return. They are asking for $50K from you for what?? For signing a piece of paper?

Your lawyer should request a detailed breakdown of the $50K and mind you, the employer is liable for airfare etc..if they sponsored your H1B. The H1 visa doesn't require you to stay with any company and is not a binding contract. So go ahead and counter-sue for mental torture etc...during the time you were with them.

FYI - I AM NOT A LAWYER and I DO NOT OFFER LEGAL ADVICE. I am using my rights toward free speech as a citizen of this country ;)
Click to expand...
 
Try to drag this out a bit because it looks like USCIS is coming to your rescue:

Once they pass this it doesn't matter any more if and what you signed.

From http://www.immigration-law.com/:
02/12/2006: Prohibition of Employer From Receiving Any Payment of Any Kind From Any Source Under Proposed Regulation

The proposed regulation to eliminate the substitution of labor certification beneficiary goes beyond eliminination of substitution and 45-day validity cap of the certified labor certification applications. The regulation bars employers from seeking or receiving any payment in any kind or any form from any source including the alien beneficiaries. The preamble illustrates the following, among others, which fall under these prohibitions:
Employer fees for hiring the alien beneficiary;
Receing "kickbacks" of part of the alien beneficiary's pay either in the form of payroll deduction or otherwise;
Paying the alien beneficiary less than amounted stated on the application;
Goods and services or other wage or employment concessions;
Receiving payment for filing labor certification from aliens or attorneys or agents;
Payment of attorney fees and costs by the aliens relating to preparing, filing, and obtaining labor certification application.
Any other payment from any other source.
The regulation does not specify the effective date for this rule, but it provides that this prohibition includes ETA 750 cases and ETA 9089 cases and any other actions in connection with the permanent labor certification process. It thus implies that this prohibition will apply retroactively to all the pending backlog cases (ETA 750) and all the PERM cases (ETA 9089). It is not clear whether the prohibition will retroactively apply to the cases which have already been certified at the final rule's effective date, but such broad brush retroactive application of the regulation may face a serious challenge in the federal courts. The retroactive application of this rule is indeed very troublesome in that the regulation and practice of the DOL have permitted some of the listed payment by the aliens or sources other than the employers. DOL should clarify the effective date of application of this new rule, particularly as related to the ETA 750 backlog cases which even go back to as early as the year 2000!! Please stay tuned to this website for the development of this part of regulation.
This rule will affect the dynamics of the labor certification from the perspectives of the employers as the DOL's proposed FY 2007 budget also proposes to enact another regulation to charge filing fees for the labor certification applications. Depending on the amount of the filing fees, the cost to the employers for filing labor certification applications may skyrocket down the road.
 
Bond Agreement

No work-bond is enforceable in the US other than a non-compete where you cannot work for a client of your company for a stipulated number of years in that contract. The US has an at-will employer/employee relationship which states that you can quit at any time or be fired for cause at any time.
Back in 1999, a group of us decided to quit the company we were working for due to problems we were having with getting paid and joined other companies. We were served a notice, but the court threw it out stating that the bond equates to a bonded-labor agreement. The only thing the court agreeded with was the fact that one of my friend's joined a client of my former employer which was against the contract. Even this, at a hearing the court sided with my friend coz my friend had no prior contact with that company other than the company being a client of my former employer. So, you have nothing to worry about as long as you have not joined a company you have worked in as a consultant in the last one year. Keep us posted.
 
Personal experience on Non-Compete and Work-binding bonds.

Being one of the person who have personally experienced lawsuits on both the circumstances,

here is my experience, which may help you.

I was in a 1 year Work - Binding bonds, in my first job in US. and a typical non-compete like most desi companies.

I broke both 1 yr and non-compete and joined the client and my x- employer took me to court, and in that situation i have spoken to 4 different attorney's and all of them told me same thing. I cannot escape from it unless i was not paid in the duration.

I went for an out - of - court settlement instead of further paying lawyers on every email they send and every letter they write to the employer representative.

Employer has a responsibility of explaining what expenses he incurred on you or what damages you made to the company.

Hope this helps.
 
Great Guru_Pls Help

Can I touch base with you?I needed some advise on employment contract.
 
Great Guru_Please Help Very Critical

I am in a very critical sitiuation and need your help.Pls can you provide me with your number where you can be reached or email id.
 
employment contract

Can anyone suggest me any good attorney help on this ? Im on the situation and my employer is asking for recruitment fees, airfare etc. Now they go got the default judgement against me to pay them the contract agreement amount. I also filed a case for this employer at DOL but I haven't heard anything from them yet.

Srini
 
You must log in or register to reply here.
Top