TN Visa holder. Resign contract and reinburse 12k to employer?

[erzerz]

Hi
I a am a TN Visa holder and I want to resign to change to another company. I've been working for the company for twelve months but my at-will contract states:


In the event that the Employee is terminated (...) resigns voluntarily within eighteen months, shall pay the Employer as reimbursement to cover recruiting, relocation, orientation, and training expenses. The amount shall not be less than $12,000 USD.

Is that legal? Is possible thatI just ask for a 6 months leave and then quit?

I am working as an IT outsourcing resource and my project is ending, without project they will only pay me my regular salary for 1 month and then, if still I do not get a project, they will only give a check of $250 per week while I'm "on the bench", but I'm under a W2.

Is that legal? Should I wait until they stop paying me to quit?

[jomm81]

Hi
I a am a TN Visa holder and I want to resign to change to another company. I've been working for the company for twelve months but my at-will contract states:


In the event that the Employee is terminated (...) resigns voluntarily within eighteen months, shall pay the Employer as reimbursement to cover recruiting, relocation, orientation, and training expenses. The amount shall not be less than $12,000 USD.

Is that legal? Is possible thatI just ask for a 6 months leave and then quit?

I am working as an IT outsourcing resource and my project is ending, without project they will only pay me my regular salary for 1 month and then, if still I do not get a project, they will only give a check of $250 per week while I'm "on the bench", but I'm under a W2.

Is that legal? Should I wait until they stop paying me to quit?

YES, it is legal, and you signed it. What if you have a urgent errand that needs your immediate attention? say that to your current employer, that you need to go back to your mother country, then get a new job and apply for a TN visa. You will not have any issues by getting the new TN visa, but beware, as you signed an agreement with the previous guys, they can sue you.

[NettieL]

Use caution with these contracts. You stated "The amount shall not be less than $12,000 USD." That means they can sue you for more than 12k if you just leave.