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Hi, I am on H1B and had got a project in Mineapollis, MN.

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I am on H1B and had got a project in Mineapollis, MN. I left the job after 2 weeks because it was getting very hard for me to adjust with the severe weather condition (I am a Brain Tumor survivor and dont have very good health). My employer is now coming after me for Liquidated Damages of $5000 (I had to sign this contract before my H1B transfer). I have tried negotiating but nothing worked. What should I do.

Hello Seeking Help,
What is the full name and location of the Court in which suit is filed, please?
Ben, J.D.

Customer: replied 3 years ago.

Thanks for getting back quickly.

Corporate councel had send me an email. Also he attached the contract I had signed. Below is his email. I have replaced company name with ABC


"I am corporate counsel for ABCInc. and I am contacting you regarding certain issues and obligations under the Liquated Damages Agreement that you signed when you became an employee of ABC. For your convenience and reference please find enclosed a copy of that Agreement. As you acknowledged in the attached Agreement, ABC incurred cost and expenses in processing your visa petition at the time you became a ABC employee. Under the terms of the attached Agreement, you are responsible to reimburse ABC its cost and expenses in the event you did not remain an employee of ABC for at least one year. According to our records you terminated your employment with ABC after two weeks. Under the terms of the Agreement you need to reimburse ABC $5,000 and you should contact XYZ person to arrange payment. V-Soft has instructed me to take appropriate legal action if prompt payment arrangements are not made. As permitted under Section 6 of the Liquated Damages Agreement, this legal action will be instituted in Louisville Kentucky. If you are represented by legal counsel in reference to this matter, please have your attorney contact my office.Thank you for your attention to this matter"


Hi Seeking Help,

That's very helpful and I appreciate your patience in writing back and forth.
One very quick question, please, and I can post your accurate answer.
In what state do you currently reside, please?
Thanks again!
Ben, J.D.
Customer: replied 3 years ago.

I have recently moved to California for my new job. Also please find attached a copy of the contract I had esign.

Attachment: 2013-03-22_215726_agreement.pdf

If document is not attached, is thyere any other way through which I can send you agreement copy?

Hello Seeking Help,
My name is Ben. I'm a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Accordingly, I'll speak candidly rather than doing you the disservice of lying or misleading you. Both the law and the contract are favorable to your former employer, I regret to say. Having carefully considered everything you're shared here, and in particular considering the amount of money at issue, here is what I would recommend. There are some instances where going forward without legal counsel is a viable option. This is not one of them, however, and in all candor communication from a pro se party will receive barely more than a passing glance, to be brutally honest, especially when facing a corporate opponent with its legal resources.
I would have the case screened on the merits by a local attorney. This can only be done through having a lawyer review the circumstances. Your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you. I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):
Truly, your most pressing need is to arrange for an attorney reply to this matter at your very earliest opportunity. No other approach is going to suffice here.
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D.
Customer: replied 3 years ago.


Thanks a lot for your expert advice.

I have just one last question. I had talked with the VP operations of the company (who is the decision make) and told him that I will pay the money in installments (maybe $100 per month, considering I have been unemployed for past few months) but he didnt agree with me. Instead he said I only have two options: 1) Either I pay all amount in one payment or 2) Pay in 5 installments of $1000 each.

Can he enforce this considering I am ready to pay him in installments of $100 each.


Thanks a lot again!. I am glad I landed on this website.


Hello again Seeking Help,

Thanks for writing back..great to hear from you!

You are most pleasure entirely!

It makes my day to know that my answers have been helpful to you, and I very much appreciate your taking the time to write back and let me know.

I'll gladly answer your additional question, sure thing. In all candor, the law imposes no obligation whatsoever when it comes to the acceptance of proposed payments over time. In other words, while personally I absolutely agree it would be the kind and reasonable approach, the former employer is simply not required, by law, to accept anything less than full payment. Sadly, they can indeed abide by a harsh "all or none" policy if they choose to do so.

Hope that helps some more...hang in there.

Kind regards,

Ben, J.D.

LawHelpNow and 4 other Employment Law Specialists are ready to help you
Hello Seeking Help,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.


Ben, J.D.

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