Very Very urgent. Want to file complaint with Department of Labor.. Lenghty but please read

Hello Experts,

I really need your expert advise on my case.

Case : I am in US on H1B visa with company A. I got full time offer from company B ( very big US IT firm). Company B is my dream company from college days . I was excited to join them as early as possible. Company B initiated my H1B transfer in premium process. After some days, I got offer from company C. Company C is contracting company. Company C’s client is in city where my brother and mother lives. Company C offer me less pay than company B. I changed my mood and decided to go with company C. Doing so, I will get quality family time. ( I rarely meet my mother and brother , though we all are in US).

I signed employment agreement with company C. I overlooked terms and conditions of company C during signing. I was more excited to stay with family. I did lots of research and found contracting company need Client letter to get H1B approval. I asked company C about same. They said , we are in business for last 10 years. Client is not ready to give client letter. We have other documents. Join us with H1B portability . We will get approvals meanwhile. If RFE comes for client letter, we can get that since you will work there.

I feel risky to join company C as they don’t have client letter and want me to join as soon as they will file H1B transfer petition and get receipt number. I realized, I took wrong decision. Meanwhile Company B sent email regarding my H1B approval. They got approval in 8 working days.

I sent email to company C with sorry note for not joining them. Company C representative called me and told, you have to join us. You have signed employment agreement with us. Do you know consequence to breach same? we will pull you in legal matter. They sent email saying, if you do join us, we will take legal action against you. I thought , they are just trying to make me worried. I clearly told them , since you haven’t filled H1B transfer with USCIS, I do not want to take risk working with only receipt number. You just have LCA approved. Do not file H1B.I am sorry.

Two days back , I got legal notice from employer C asking me to join them or pay $15,000.

Reason to pay $ 15,000 is :

  1. You are leaving company without 30 days notice. If you leave us within 1 Year, employee should pay $15,000. I am not their employee at all. How come this clause is applicable to me?

  2. We invested time and money for you. How come? They did not file visa. Did not train me. Did not give me any relocation bonus.

  3. We loose trust from client. This may be possible. But How come damage is $15,000.

Company C have all above terms with effective date as date when I signed agreement with them.

I did talk to one of the attorney. He reviewed agreement and told , some clause are applicable to you. But , since they did not invest money on you, they can’t really ask $15,000. Though every term start with Effective date as date of agreement signed, you are not their employee. Lets try to sort out this with settlement.

Question : Silly mistake I did is sign their agreement to stay with brother and mother. Looking at Company C behavior, I am worried and decided not to join them.They are saying you don’t have to pay money if you join us for client. Client desperately want you to work for them. I am not going to join them as they sent me legal notice . Don’t know how they will behave with me after joining.

Is there any way to file complaint with Department of Labor. If yes, will I be in problem as I have signed agreement with them and not joining them. Do they have right to sue me ? They have signed agreement which they are using as weapon against me. I want to fight with them. Personally, I do not wish to go to court. Is there any way to fight with them with legal way?

I will join company B. Company B is nice to me and giving me all facilities with relocation charges, good insurance, Initial accommodation . Though Company B is far away from my family, I feel comfortable to join them.

Please please guide me how to come out of trouble which company C is giving me. I am new to all these things. I want to take action against company C. Company C is typical contracting company.

My advise to all folks, please please do not join contracting company with full of terms and conditions. They will make you feel guilty to take that decision.

Experts, Please help me . You may provide contact number of US government agency where I can call and get more details.

Thanks in advance.

Employer C put Liquidated damage as $15,000 in agreement. Is it legal? Or can we file complaint with DOL for same?

Employment is your right so no one can sue you for not joining them . If you have signed a legal binding contract thats a different story. Employer cannot ask for the money he claims invested if its for visa / perm related unless you agreed to compensate the money. In USA any one can sue anyone under class action suite and amounts people get sued for are always ridiculous. I dont see what DOL can do here . Better go with attorney and settle it. "Personally, I do not wish to go to court. Is there any way to fight with them with legal way?" ==> Legal is court and only correct way . settlements can be done outside court but I dont know whay you want to give that employer any dime

You are too vague for any sound advice. In what state was this signed? Was it an employment contract or a contracting agreement? Are there any specific clauses related to leaving the company? Your personal legal position depends on all that and more … If it was an at-will contract/state - then they have very little to sustain their lawsuit.

The DOL will not help you in getting sued or not. Possibly company B is a fraud when it comes to h1b and LCA. In that case USCIS and DOL may be interested, but not for your benefit.

Don’t expect legal advice on a forum here. Take a good lawyer if they decide to sue.