Hi,
I need your input on my H1B employment contract breach scenario. Sorry for long post, but this may help me with comments if some one have gone thru this situation or know how to handle this situation.
Scenario : I was working on H1B visa with employer A in California ( Reputed MNC) till Sep.2016 and had to resign to relocate to Virginia due to family emergency.
I am working with employer B now on H1B. one week after joining ( Oct.2016), I got call from employer A asking me to join them back as they have opportunity in same city( Virginia) where I am residing now. Compensation offered is less than employer B but I accepted offer as this is direct client opportunity.
Employer A filed change of employer + extension petition and petition is approved.
I have signed employment contract with employer B. As per contract, I have to pay $6000 liquidity damage to employer B in case of resignation within 12 months of joining.
Contract also have following clause
Injunction, Attorney Fees, Bill Collection Fees, etc.
In the event of a breach or threatened breach by Employee of any of the provisions ofthis Agreement, Employee agrees that COMPANY B would suffer irreparable harm and money damages may not provide an adequate remedy.
Its only 3 months ( starting from Oct.2016), I am working with employer B and planing to resign to join A. Employer A compensation is less but they do give
paid vacations and provide health insurance. Employer A track record is good with USCIS.
I did discuss with labor attorney and came to know liquidity damages are permissible and employer B can demand.
Question :I do not fall under non compete clause. I am ready to pay $6000 to employer B as liquidity damages. my only worry is employer B may loose position with client and client may hire my replacement thru another company. Can Employer B says he lost business and pay me rest 9 month profit which he was about to get? I am worried about Injunction, Attorney Fees, Bill Collection Fees
Contract no where says I have to pay employer B profit which he was about to get. But it says, employer will loose business.
Will he ask me more money apart from liquidity damage. ( amount of $6000 is mentioned in contract but not business loss amount)
Looking for your help on this.
Thanks,
Pranav