Thank you. Am really distressed with the whole experience and want to return back to my homeland :( . Request you to provide me a little more clarity. I haven't signed any training and am more than willing to return their sign on bonus and pay for the h1 fees till now (which is LCA + filing + my request for premium processing) .
they are nice on emails but this is the second time im being yelled at when i tried to make them understand that i was jittery about joining without an approved h1b.
a) Can i write an email which expresses sadness about the strong words used.
b) the equitable relief states thus. Can they use this to override the at will employment clause?
Arbitration and Equitable Relief. I agree that any dispute or controversy arising out of, relating to or concerning any interpretation, construction, performance or breach of this agreement, shall be settled by arbitration to be held in San Francisco County, California, in accordance with the employment dispute resolution rules then in effect of the American Arbitration Association. The Arbitrator may grant injunctions or other relief in such dispute of other controversy. The decision of the Arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the Arbitrator’s decision in any court having jurisdiction. The company and I shall each pay one-half of the costs and expenses of such arbitration, and each of us shall separately pay our counsel fees and expenses.
This arbitration clause constitutes a waiver of employee’s right to a jury trial and trial and relates to the resolution of all disputes relating to all aspects of the employer/employee relationship, including, but not limited to the following claims:
a. Any and all claims for wrongful discharge of employment; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; neglect or intentional infliction of emotional distress; negligent or intentional misrepresentation; neglect or intentional interference with contract or prospective economic advantage; and defamation;
b. Any and all claims for violation of any Federal, State or Municipal statue, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Age Discrimination In Employment Act of 1967, the Older Workers Benefit Protection Act, the California Fair Employment And Housing Act, the California Labor Code, et seq.;
c. Any and all claims arising out of any other laws and regulations relating to employment or employment discrimination.