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I was hired a few months ago by this employer and was sponsored for an H1B visa. Now, I've become dissatisfied with the company and decided to take another job, which has offered to sponsor the H1B transfer. Now, my (former) employer is telling me that I should pay them back the fees that they paid for my H1B application since I stayed with them for less than a year. They say it's their policy, and they're holding back my last paycheck and saying they'll deduct the cost of the H1B application including lawyers fees from it, and bill me if my last paycheck is not sufficient for that. They gave me a quote of $5000 for that.
I never signed any contract that says I'm responsible for reimbursing them any fees they paid for to hire me. In fact, I never signed, nor saw, any contract from them at all. And I wasn't made aware of any policy that they have, whatever they are for. The only document I saw from them and subsequently signed was the offer letter which states that the employment is at will, and nowhere in there does it say anything about reimbursement of H1B fees in case of termination of employment.
So a few things:
1. It's illegal for my employer to require me to pay for H1B application fees, save for lawyer fees.
2. It's illegal for my employer to withhold my last paycheck for any grounds whatsoever.
3. It's illegal for my employer to deduct anything from my paycheck other than what is allowed by the state, or what I have given them permission to deduct in writing.
4. It's illegal for my employer to hold me subject to a contract that I never saw/signed, or to a policy which I was not made aware of.
Am I right about these things? Anything else that I can add to the list when I confront my former employer about this? Any advise on how to approach my former employer on these legal matters?
I never signed any contract that says I'm responsible for reimbursing them any fees they paid for to hire me. In fact, I never signed, nor saw, any contract from them at all. And I wasn't made aware of any policy that they have, whatever they are for. The only document I saw from them and subsequently signed was the offer letter which states that the employment is at will, and nowhere in there does it say anything about reimbursement of H1B fees in case of termination of employment.
So a few things:
1. It's illegal for my employer to require me to pay for H1B application fees, save for lawyer fees.
2. It's illegal for my employer to withhold my last paycheck for any grounds whatsoever.
3. It's illegal for my employer to deduct anything from my paycheck other than what is allowed by the state, or what I have given them permission to deduct in writing.
4. It's illegal for my employer to hold me subject to a contract that I never saw/signed, or to a policy which I was not made aware of.
Am I right about these things? Anything else that I can add to the list when I confront my former employer about this? Any advise on how to approach my former employer on these legal matters?
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