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Employer claiming damages for future profit - leaving company

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  • Employer claiming damages for future profit - leaving company

    Dear Experts,

    I am came to USA on H1B visa 8 months ago, in the employment agreement there is bond for 1.5 years, in the bond it is mentioned that if break the bond I have to pay USD 5000 expenses. There is another clause that says if I leave the company during the assignment then I have to pay the damages claimed by client if there is not enough notice given.

    In my resignation letter I told my employer that I am ready to give notice period as per the offer letter. In the mean time the client sent mail to employer that the contract is completed at end of the month and my employer told me that my last day of employment is same day of end the assignment at client. After resignation with my employer I served 2 weeks notice and worked at client location, and I am sure there are no claims from my client or Prime vendor.

    Now my employer is claiming that the client terminated contract because of my resignation and claiming that I have to pay around 15000 USD as damages as I am leaving company in the middle of the contract, which is loss arises due to future profit for the company for 1500 hours @ $10 per hour). Please note I also served notice period of 2 weeks after my resignation and joined the company after serving notice period.

    The total amount of $20000 (5000 H1B fees expenses and 15000 for loss because of breaking the contract in the middle). Can you please let me know do I really need to pay 5000 of H1 expense? and Is it legal that employer claims future profit from employee?

    Thank you
    Raj

  • #2
    This isn't something that a forum member can help. You should take a copy of all the documents that you have signed with the employer and contact a good labor attorney. I am sure they will be able to help you properly. If you can prove that you left the company only after the contract got over and it is not the other way around, you are good. Consult a good labor attorney.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Employer claiming damages for future profit - leaving company

      Thank you for your reply. Yes I left the job after I got clearance from vendor. the vendor sent email to my employer that my contract will be completed on xx date. and I worked at client location till that date. In any case can employer claim future profit as loss?

      Where can I get good attorneys, is there any references please!

      Thank you
      Raj

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