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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Exclamation Employment Contract Requires Repayment to Employer

    My question involves labor and employment law for the state of: California

    Hello All,

    I came to US on H4 and got my H1B in Jan 2012 through a consultancy.
    It has been close to 4 months since I have started working with them on contract projects in US - California.
    I have got a very good full-time offer from a big Indian company(Eg: Infosys, Satyam...) in US and would like to shift.

    But currently I have signed an Agreement with my Employer and it states the following:

    If Employee terminates employment voluntarily prior to the completion of at least twenty-four months of employment, Employee agrees to repay in full all advances paid by the Company or reimbursed to Employee or to any third party by the company and Employee authorizes the Company to deduct and withhold such repayment in full
    from any compensation or other amounts otherwise owed or payable to Employee.

    Is it ok to break this agreement and join Indian company which is also in California.
    What are the repercussions? How much maximum amount and for what all can they charge me?

    I have not got my H1B stamped and want to shift to big Indian Company very badly before I go to India for stamping.

    It is very urgent and kindly give me your valuable suggestions asap.
    Thanks in advance.

    Regards,
    Suman

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,635

    Default Re: Employment Contract Requires Repayment to Employer

    The advances may or may not be amounts the employer can claim, depending on the facts. The amount claimed may or may not be reasonable, in full or in a prorated amount, depending on the facts. You will need to have your contract and details about the amounts your employer claims it is entitled to receive from you reviewed by an employment lawyer.

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