H1B Desi consultant is threatening me to pay 15K as I left before 2 years as per Offer Letter

Urgent Help!

i worked for this desi consultant for 6 months .Now when I am moving to a different company.He is asking me to pay 15 K as per written in Offer Letter(Employment Agreement) .

I dont have any Non-compete issue as I am joining a different employer client. There was no relocation expenses or training expenses done on me apart from filing H1B fee. So now sure if can claim any liquidated damages.

He is following all the rules like salary on time , less but correct wage rate. The only issue is with employment agreement.

I tried to negotiate but he is not listening. I tried to consult an attorney but not many are willing to take this case.

How to deal with employer ? What are liquidated damages employer is allowed to ask?

Should I go through attorney or pay 15K( huge amount for me!).

Also if anyone has experience in handling such cases through attorney.

It will be hard for your employer to enforce this. Please consult a good lawyer. You can get a 1hr consultation on Murthy (or any other firm) for may be $100-$150.

Know your rights: http://travel.state.gov/content/visas/english/general/rights-protections-temporary-workers.html

Excellent reference Ram.
Kumar: please publish this link in the blog entry… very useful for fellow brothers and sisters

From your version of the issue, it looks like your employer cant prove any legal way of getting this amount. As Ram mentioned below, you better have a quick legal help to get a clear picture of your situation. You will be fine eventually. Your employer is playing on your innocence .

Good reply by Ram. Bond is illegal in US, “Employment is at Will

Thanks for the answer. I have also read that though Employment is At will certain liquidated damages employer can recover from employee and mentioning that is legal…

So what are liquidated damages usually any consultancy can ask from their employee??

is that company in New york. Please check your offer letter. If they have called you on in-house project and put you on sub-contract they can be in big trouble.

Can you provide me the update on your case


Any update on your case?

I am also in the same situation.