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Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16288
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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11 December 2015 02:24 one query reg this. In my offer

Customer Question

11 December 2015 02:24
Hi sir...one query reg this.In my offer letter its written.
Since XXX has invested significant time,money and effort we want you to work for a period of 2yrs from your start date.
Looking fwd to have you join.
I he leaves he has to pay$4000Is this a bond? Can my employer Sue me for any liquidation losses ?
Submitted: 11 months ago.
Category: Employment Law
Customer: replied 11 months ago.
i am on h1b
Expert:  Legalease replied 11 months ago.

Hello there --

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No, this is not a bond situation. If you leave the employer before the 2 years is over then the employer can sue you for the $4,000 and that is it (the $4,000 are the liquidated damages -- liquidated damages are put into contracts when the parties either have a difficult time determining how much money in damages it would cost the company if you leave earlier than the two year period from the start date).

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I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating above so I will be paid for my time? I am paid nothing unless you press a positive rating above in the ratings section). Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

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MARY

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Customer: replied 11 months ago.
I have heard there cannot be a bond on h1b...
My queries
1. Do the employer need to show where he spent the money. As he didn't have me any trainings and all.
2.what if I ask him to remove the amount. Can he Sue me for any amount then?
Customer: replied 11 months ago.
3. If he Sue me do I need to pay for my and his lawyer fee?
Customer: replied 11 months ago.
4. And mam how much are the chances that I end up paying. As it only 5 months I started the job and I don't like it....and also employer has changed wages from what he offered first place.Thank you!
Expert:  Legalease replied 11 months ago.

Hello again -

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Again, this clause is not a bond -- it is a liquidated damages clause.

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1. No he does not have to show where he spent money. The 4 thousand is liquidated damages which means that because the employer is unable to determine actual damages, they will use that 4 thousand dollar amount instead.

2. If he removes the amount he can sue you for all actual damages which could end up being more than the original 4 thousand requested here. But it could also be less.

3. No. The only time you pay HIS lawyers fees is if the contract states that the loser will pay the lawyer fees and you lose in any court actions

4. I have no idea if you will end up paying or not -- it all depends upon how common such contracts are in your line of work and any other factors that a court could think are reasonable.

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MARY

Customer: replied 11 months ago.
I am on h1b visa working in IT staffing company.
The employer hadn't spent a single penny on me and forcing me to sign a bond now else vll revoke my work visa.
If I record him vll that work...or save me from paying him if I leave later.
Expert:  Legalease replied 11 months ago.

Hello again -

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As I said earlier, this is NOT a bond. This is an employment contract / agreement,

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i am not sure what you mean by "recording" him-- if you are talking about recording a conversation with him, then you can do that in Texas without his express consent but I am not sure if it will do you any good unless you can get him talking about this contract and then you could use it against him in court. But it may take a long times recording him until he says something about this agreement.

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MARY

Customer: replied 11 months ago.
I just recorded conversation....Where I said I spent all the amount on my visa n all then y u want bond.......and he said this amount I won't take from u its just for my protection I wll take frm the company where u go.....
Wll this help?PS : came to know he cannot charge me visa fee also which I paid him...though I don't have proof of payin
Expert:  Legalease replied 11 months ago.

Hello again --

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If he intends to sue the employer that you go to work for after him for the 4 thousand then he should put that into writing in the letter that he wants you to sign. If he refuses to put the written information about the new employer paying the 4 thousand and not you and then wants you to pay this money BEFORE or DURING your employment with him, then he can be prosecuted under law for trying to add a bond into your employment process. You should then report his actions to the Immigration dept AND the Attorney General of the state where the incident took place.

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He cannot require you to pay this money to him no matter HOW it is worded and I suspect that is what he is trying to do -- he will try to keep calling it anything But a payment to himself so that he can keep it to cover his own claimed "costs" if you leave his job early to go to some other job. Tell him that no matter what he calls the amount you will not be paying it because it is too close to a "BOND" situation.

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Thank you ! Please press a positive rating above so I will be paid for my time. I am paid nothing unless you press a positive rating. THANK YOU VERY, VERY MUCH and I wish you a great holiday season and a better New year 2016.

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Mary

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