Resigning on H1b and Reimbursement to Employer of Expenses

[asus.trans05]

I work in a software company based in Washington. When I started my job the company paid for the rellocation expenses, the H1B visa procedures as well as the sign-in bonus and I had to sign a contract that required that if I resign before 12 months from the company I have to repay all of the above listed things back on a prorated basis. I have worked for the company only 4 months and now in a situation where I want to resign.

I have looked at the US department of Labor website and according to it:

''The employer may not require the H1 worker to pay a financial penalty for leaving employment prior to a date set in the employment contract. However, this restriction does not preclude the employer from seeking ''liquidated

damages'' pursuant to relevant state law. Liquidated damages are generally estimates stated in the contract of the anticipated damages to the employer caused by the worker's breach of contract.''

Under this regulation, can the company ask me to repay them the SIGNING BONUS, RELOCATION EXPENSES and H1-B VISA EXPENSES back.

[T53147]

Have your contract reviewed by an attorney. If you are resigning to take another position, be aware that you may have a non-compete agreement that might come into effect as well.

One really needs to be prepared to meet the requirements of any and all contracts he/she signs. You have received a great deal of benefit from the employer yet have no loyalty to him.

FYI, relocation expenses for travel to the US and signing bonuses are not required from an employer. Some visa expenses are permitted to be paid by the employee. Only an attorney will be able to answer your questions and advise you based on the entire contract and state and federal laws.

[asus.trans05]

Thanks for your comments

The questions is not about loyalty is about attracting people by these bonuses and then making them work 70-80 hours.

The contract states you need to pay on a prorated basis if you resign before 2 years, but how does the term liquidated damages apply in this case.