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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116702
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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We brought an employee from France last year we provided him

Resolved Question:

We brought an employee from France last year we provided him with an H1B visa we have spent money on the lawyer and his travel expenses were paid to the USA we even helped him find an apartment in NYC.He quit yesterday.I want to prevent this issue from happening again can we put a clause in the contract that the employee should stay for at least two years in the company but if the employer is not satisfied he can fire him.Is it legitimate?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
Yes, you absolutely can have such a clause in these contracts and they are common. Every employment contract I write for clients regarding foreign workers has a liquidated damages clause requiring payment from the employee of a certain amount if they leave prior to the 2 years or 1 year or in some cases 3-5 years, including if they are terminated for good cause or misconduct. Additionally, the contracts state they agree that their final pay may be withheld and applied towards any damages under the contract (since they are specifically agreeing to wages being held by the employer for damages, this is in compliance with the Fair Labor Standards Act). These clauses are legal and enforceable.


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Customer: replied 5 years ago.
Thank you I just wanted to know this is the H!B visa transferable can we cancel it so he can go back to France?How long will it take?
Expert:  Law Educator, Esq. replied 5 years ago.
He could get a new company to apply for the H1B transfer, but he would need to get them to do so. As far as how long it will take, sometimes 60-90 days, it all depends on the other company applying for the transfer.
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