Results 1 to 2 of 2
  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Can an Employer Require a Bond for H1b Filing

    I joined a US compnany 'A', who filed my H1b transfer and started working for them from January 2013 onwards.
    They also made me sign a bond that, if i leave them within 1 year, I would need to pay them certain amount.

    They placed me at the client site and I started working over there. But over the time, I relealised that

    1) I was not doing the work realted to my speciality occupation for which my H1b transfer was granted by USCIS
    It was all cooridation work thats not at all techincal.

    2) We were made to work for more then 11 hours daily and sometime whole night as well. Working on weekends was like a culture at client site. and we were suppoed to notify that we are not available on any weekend.
    Even for daily work if we leave at 6pm, we were supposed to drop Leaving Early today emails.

    3) Even after working for more than 60 hours every week, we were not allowed to fill Timesheet's for more then 40 hours a week.

    I discussed the matter with employer many time, but everytime they showed their inability and asked us to talk to Manager at client site.
    And keep promising to wait for a month and another and so on.

    All this resulted in immense mental pressure, disturbed work-life balanace and was pushing me away from my techincal expertise.

    It was above mentioned reason thats I decided to switch the job.

    So i started looking for the job and got an offer from Company B and joined them after resigning from company A.

    Now company A has hold back my salary for the month along with my leave encashment.
    At same time, they are asking for recovery of expense like

    1) Airfare they born to fly me to USA
    2) Medical Insurance premium
    3) Hotel Accomodation they provided me for initial 15 days.


    Now my question are's

    1) Is the recovery mentioned above legal.
    2) Can they holdback my salary against the recovery amount.
    3) Company A has not issued me the releiving/expereience letter. Is it legal.
    4) Can company A create troubles with my future green card processing


    Thanks for your help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Employer Require a Bond for H1b Filing

    Exactly what do you mean by "bond"? Are describing a mere promise to repay certain expenses. If the liquidated damages clause to which you agreed is reasonable in amount and relates to recovery of expenses (such as air travel and relocation expenses) the employer is not prohibited from recouping, your promise to repay may be valid. The rest depends on the details. Their withholding of your salary is improper, and their attempt to recoup a fringe benefit that was part of your compensation for work performed (I expect that's what you mean by "Medical Insurance premium") would be improper.

    Given that you have described some conduct that is clearly impermissible (withholding of wages), you may want to start by filing a complaint with the Department of Labor.

    1. Sponsored Links
       

Similar Threads

  1. Expenses and Reimbursement: Can My Employer Require Me to Pay for My Uniform
    By crt? in forum Employment and Labor
    Replies: 7
    Last Post: 03-21-2014, 07:35 AM
  2. Modification of Custody: Filing to Limit Visitation and Require Drug Testing
    By MrsJones7103 in forum Child Custody, Support and Visitation
    Replies: 11
    Last Post: 03-25-2013, 02:46 PM
  3. Training: What Training or Certification Can an Employer Require
    By DDSA in forum Employment and Labor
    Replies: 1
    Last Post: 08-30-2012, 05:29 PM
  4. Medical Issues: When Can an Employer Require a Doctor Visit
    By allergyhelp in forum Employment and Labor
    Replies: 5
    Last Post: 03-13-2012, 10:30 AM
  5. Disabilities and Accommodation: How Much Health Information Can Employer Require
    By learninlaw in forum Employment and Labor
    Replies: 3
    Last Post: 01-25-2010, 09:15 AM
 
 
Sponsored Links

Legal Help, Information and Resources