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  • Employer filing case against employee

    Hi,

    I got H1B visa from Employer A in India. Transferred the visa to some consultancy B (who is having office in India as well as in US).
    I signed for the agreement for 18 months before transferring my Visa in India. And also "Damages for breach of term provision", according to that if the employee terminates the agreement prior to the termination date, employee has to pay $3000 for every month remaining on the term date as a liquidated damages.

    Also for the first few weeks when I entered to US, he paid per diem. He started salary and started the employment (pay slips, health insurance) after I got project with some client.

    If I resign from my position, Can the employer file the case against me for breaching the agreement?

    In anyone came across this situation, please help me.

  • #2
    Originally posted by Raghunandan View Post
    Hi,

    I got H1B visa from Employer A in India. Transferred the visa to some consultancy B (who is having office in India as well as in US).
    I signed for the agreement for 18 months before transferring my Visa in India. And also "Damages for breach of term provision", according to that if the employee terminates the agreement prior to the termination date, employee has to pay $3000 for every month remaining on the term date as a liquidated damages.

    Also for the first few weeks when I entered to US, he paid per diem. He started salary and started the employment (pay slips, health insurance) after I got project with some client.

    If I resign from my position, Can the employer file the case against me for breaching the agreement?

    In anyone came across this situation, please help me.
    Yes, possible. You need to take the signed agreement to a labor attorney to determine the same.

    This is my opinion not legal advice.

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