Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I need an contract question answered , I am on H1b : no : I

Customer Question
hi JA: Hi. What is your...
hi
JA: Hi. What is your issue regarding?
Customer: I need an contract question answered , I am on H1b
JA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: I have a cluse that says that I need to give 90 day notice, and if not pay the balance of the amount
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: I wanted to see if this can be enforced in the court
JA: Since laws vary from place to place, what state is this in?
Customer: MO
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
5/31/2016
Employment Lawyer: Roger, Lawyer replied 1 year ago
Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

Hi - my name is ***** ***** I'll be glad to assist.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
hi
Customer reply replied 1 year ago
Dear ***** , I have an question on H1b contract
Employment Lawyer: Roger, Lawyer replied 1 year ago

Can you tell me what the 90 day notice is for?

Also, can you tell me what money they agreement says you'll have to pay back if this notice isn't given?

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
the balance of the 90 day is what I need to pay, and the 90 day is for the notice not for any purpose..
Termination. Either party may terminate the EMPLOYEE's employment pursuant to this Agreement at any time by giving ninety (90) days written notice to the EMPLOYER, with or without cause or early by paying equivalent of salary in lieu of uncovered notice period. EMPLOYER is entitled to collect the amount for uncovered period through legal proceedings, if not paid amicably.
Customer reply replied 1 year ago
I just copy pasted the section form the contract for your reference..
Customer reply replied 1 year ago
Hello Roger, do you need any additional info on this matter?
Employment Lawyer: Roger, Lawyer replied 1 year ago

Ok. Thanks.

Yes, if the employer and employee agreed to this provision, then the employer would have the right to seek the recovery of any funds according to this provision if the 90 day notice is not given. So, it's likely best to honor the 90 day notice to avoid having any issue with having money demanded back.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
This is true even though I am on H1b Visa? I heard that the liquidated damages are the only kind that can be enforced on the contract, since this is punitive, will it be enforceable?
Employment Lawyer: Roger, Lawyer replied 1 year ago

Your status wouldn't be relevant in regard to your employment agreement UNLESS you were specifically brought here by the employer to work.....and the employer knew you couldn't give 90 days notice because of your status.

Ask Your Own Employment Law Question
Employment Lawyer: Roger, Lawyer replied 1 year ago

Liquidated damages are legal and legally enforceable if conditioned on contracted terms that are breached.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
this clause on the Contract constitute a Liquidated damage and punitive?
Employment Lawyer: Roger, Lawyer replied 1 year ago

I don't know if a court would find the provision punitive or not......the damages are based on a party's failure to provide notice that was agreed to in the contract.....so it may not be considered punitive. But, that'd be up to a judge to decide.

Ask Your Own Employment Law Question
Employment Lawyer: Roger, Lawyer replied 1 year ago

A legal challenge certainly could be made as to this term and a court could determine whether or not it is unconscionable or unreasonable.....but since the contract term is pretty clear an unambiguous, it could be difficult to prevail.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Do you know will it be a amount that is deposited to my account or will it be a salary with out the tax deducted? I have 2 section in my offfer letter, a bench salary and an full time salary...which one will be enforced on my contract breach?
Employment Lawyer: Roger, Lawyer replied 1 year ago

I can't say for sure....but it would likely be the amount before taxes are deducted. But, you'd need to discuss that issue with your employer.....and you would need to request documentation to support whichever position the employer takes.

Ask Your Own Employment Law Question
Employment Lawyer: Roger, Lawyer replied 1 year ago

Also, unless the contract specifies, both salaries would likely be affected, but that's a question for the employer, too.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Will my accumulated PTO hours serve as some respite to the 90 day clause... I have a total of 200 Hrs PTO, will it suface the portion of the 90 day period?
Employment Lawyer: Roger, Lawyer replied 1 year ago

The employer should have a policy about that as well.....some companies have a payout provision to liquidate the PTO and some companies have a "use it or lose it" policy. So, you'd have to determine how your company deals with PTO upon termination/resignation.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Thanks for answering all the question, appreciate the help and clarity.
Employment Lawyer: Roger, Lawyer replied 1 year ago

No problem and thanks for your question. Also, please take time to positively rate our conversation so I may receive credit for assisting you. Thanks again!

Ask Your Own Employment Law Question
Employment Lawyer: Roger, Lawyer replied 1 year ago

Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

Ask Your Own Employment Law Question
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Employment Law
Satisfied Customers: 31,875
31,875 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

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

< Previous | Next >

Related Employment Law Questions
My current employer is requesting I change my PTO policy. My
Hi! My current employer is requesting I change my PTO policy. My offer letter notes unlimited PTO; however, 8 months later they are noting that was an incorrect statement and the company offers only a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
If I quite my job, will I get my PTO time that I have
If I quite my job, will I get my PTO time that I have earned … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I live in VA, and my employer promised to pay out my PTO
I live in VA, and my employer promised to pay out my PTO that I've earned prior to my two weeks notice. I was told that it would be included in my last paycheck. I just received my final check and it … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
Live in Broomfield, CO. I took a PTO and was out of state in
Live in Broomfield, CO. I took a PTO and was out of state in SF. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have 2 questions regarding PTO (personal time off). When a
I have 2 questions regarding PTO (personal time off). When a person leaves a place of employment, can employer not give unused PTO to employee? Also, if employee has to leave work early because of low… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
My employer forces employees to use PTO accrued stating the
My employer forces employees to use PTO accrued stating the employee has to use it to cover their shift. Is this legal? This was not explained when hired and was not defined in the employee handbook. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is Hawaii a state where they should pay accrued PTO. Company
Is Hawaii a state where they should pay accrued PTO. Company went through a merge I got the transfer paperwork and completed all document requested but was being laid off at same time. They paid out a… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I was terminated from a company and was refuse my PTO (payed
I was terminated from a company and was refuse my PTO (payed time off) hours that was already accumulated. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
My employer has been using employees PTO time without there
My employer has been using employees PTO time without there consent. Example (employees who may only work 35 hours the employer will take 5 vacation hours to equal 40 full time hours) but did not info… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
I accrued PTO with my company while working and residing in
I accrued PTO with my company while working and residing in Florida and I'm leaving on good terms. They said their company policy does not pay out PTO upon termination unless otherwise instructed by s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,321 satisfied customers
If I work at at company and we accure pto and I ask for time
If I work at at company and we accure pto and I ask for time off without enough pto hours can I still be given the time off ? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,001 satisfied customers
My employers handbook says they do not pay out unused PTO
My employers handbook says they do not pay out unused PTO upon separation. Yet Texas State law says if you give two week notice, it is required that they pay out your PTO. Am I reading this law incorr… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I need to take a day off but have no more PTO. I am willing
Hi, I need to take a day off but have no more PTO. I am willing to take unpaid time. I have told me OM the situation, but didn't not receive a definitive answer. The day is tomorrow and today is a hol… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I was bullied into resigning, submitted pto prior to
I was bullied into resigning, submitted pto prior to resigning. I was asked to leave the day I turned in my resignation I wasn't paid for that time … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
My employment was terminated during a pre-approve PTO for a
My employment was terminated during a pre-approve PTO for a funeral of a family friend. There were two services and the body was cremated. I told my employer I was attending both services. During the … read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
Are employers required to pay any built up PTO time when a
Are employers required to pay any built up PTO time when a person leaves the company? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Our company has recently changed its PTO policy to a Use it
Our company has recently changed its PTO policy to a Use it or Lose it policy which i understand is legal in Louisiana. But they have also implemented a policy that seem quite unfair but i am not sure… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Can an employer keep you PTO time if you are terminated?
Can an employer keep you PTO time if you are terminated? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x