Employment Law Questions? Ask an Employment Lawyer.
Hello Seeking Help,What is the full name and location of the Court in which suit is filed, please?Thanks!Ben, J.D.
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"
I have recently moved to California for my new job. Also please find attached a copy of the contract I had esign.
If document is not attached, is thyere any other way through which I can send you agreement copy?
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 welcome..my 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.
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