How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Employment Law
Satisfied Customers: 7591
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Employment Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

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

Resolved Question:

Hi,
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.
Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawHelpNow replied 1 year ago.

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

Customer: replied 1 year 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"


 

Expert:  LawHelpNow replied 1 year ago.
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 1 year 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?

Expert:  LawHelpNow replied 1 year ago.
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):
California
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 1 year ago.

Ben,


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.


 

Expert:  LawHelpNow replied 1 year ago.

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.


Kind regards,


Ben, J.D.

LawHelpNow, Attorney/Lawyer
Category: Employment Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 7 other Employment Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
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.

Thanks!

Ben, J.D.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions