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Employment Agreement - Liquidated Damages

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  • Employment Agreement - Liquidated Damages

    Any clue if I would be paying 10000 USD dollars to the company, If I am on bench in October 2014 and the company refuses to pay me my salary, and eventually withdraws my H1B? They are filing my fresh H1B this year April.

    I am being asked to sign the below. I am scared! Lol! I want to be with the company for more than a year, however, I am skeptical, if I am on bench and the company withdraw my H1B; will I be forced to pay 8325 USD because they have to let me go because there is no work for me?

    Cyndi Hanoe

    LIQUIDATED DAMAGES:
    Liquidated Damages due to early termination of employment: In order to recruit, interview, hire, and train a new employee, JBSAC incurs specific expenses, exclusive of the business expenses related to (i) H-1B sponsorship including USCIS Fees and Attorney Fees. Furthermore, a voluntary and premature termination of employment by you results in a specific loss of revenues to JBSAC due to disruption of on-going projects and the consequential inability to meet deadlines and deliverables. Hence, should you voluntarily terminate employment with JBSAC prior to twelve (12) months of billable period from your date of employment, you shall be liable to pay JBSAC, specific liquidated damages(*), as detailed in this agreement. These liquidated damages are not meant to: (i) penalize you, or (ii) recover H-1B related USCIS fees, or (iii) recover H-1B Attorney Fees from you consistent with 20 C.F.R. 655.731 © 12, or (iv) dissuade you from terminating this employment, which remains, employment at will. (*)The liquidated damages are $10000

  • #2
    If the employer refuses to pay you salary then you should complain to the DOL.

    This is my opinion not legal advice.

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