please help troubling/bodyshopping employer bond / contract / Agreement

[bsrao]

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[Subramanya]

employment issues

Hi, My friend doing contract work at a client with me is stuck with his idiot employer because of 10000+ bond he signed for a 3 year at lesser salary. I like to help him because he is very skillful has been rejecting placements offering double his current salary. His employer always paid promised amount on time but never agrees to give experience letter or a hike in the salary.

On requesting employer many times he gets reminded with the bond as below. Please advice. I suggested him to mail the copies of bond to all Indian & American embassies and if possible to some news paper agencies.

---- When you signed the contract and agreed to pay why do have to send it all over the world for any redressal? What was the person doing at the time of signing the document. Can't he own up responsibility instead of raising all kinds of questions now since he is getting better offers

---- Mature individuals should be able to sort it out amicably instead of rasing a hue and cry

---- By sending the contract all over what are you trying to achieve and prove? and to whom

---- All remedies will be by contacting any attorney and not by publicising it wherever your like

Subramanya

Thanks a lot
bp

Bond
====
ZZZ REMEDIES FOR BREACH OF CONTRACT BY EMPLOYEE
REIMBURSEMENT OF YYYY ACTUAL COSTS
LIQUIDATED DAMAGES
EMPLOYEE ACKNOWLEDGES THAT YYYY INCURRED SIGNIFICANT EXPENSE AND EFFORT IN RECRUITING, HIRING, AND PLACING EMPLOYEE IN CONSULTING ASSIGNMENTS WITHIN AT YYYY CLIENT LOCATION IN THE UNITED STATES, AND FURTHER THAT SHOULD EMPLOYEE BREACH THIS AGREEMENT BY TERMINATING IT PRIOR TO THE COMPLETION OF THE EMPLOYMENT TERM SET FORTH HEREIN, YYYY WILL SUFFER SIGNIFICANT ECONOMIC HARM. CONSEQUENTLY, SHOULD EMPLOYEE TERMINATE THIS AGREEMENT PRIOR TO THE COMPLETION OF THE EMPLOYMENT TERM, EMPLOYEE AGREES TO REIMBURSE ZZZ, ON A PRO RATA BASIS, FOR COSTS INCURRED BY YYYY IN RECRUITING AND HIRING EMPLOYEE, WHICH COSTS INCLUDE, BUT ARE NOT LIMITED TO THE FOLLOWING:
i) ZZZ’s expenses in traveling to India for purposes of recruiting Employee;
ii) Cost of Employee’s travel expenses from India, including airfare; and lodging; and
iii) Cost of relocating Employee within the United States upon securing an assignment with a YYYY client, including airfare, hotel and moving costs.
THE PARTIES AGREE THAT THE SUM OF $10,000, APPLIED PRO RATA, REASONABLY REFLECTS ZZZ’S ACTUAL COSTS IN RECRUITING AND SECURING EMPLOYMENT FOR EMPLOYEE. CONSEQUENTLY, SHOULD EMPLOYEE TERMINATE HIS EMPLOYMENT WITH YYYY PRIOR TO THE CONCLUSION OF THE EMPLOYMENT TERM, EMPLOYEE AGREES TO PAY YYYY $10,000, ON A PRO RATA BASIS, IN LIQUIDATED DAMAGES, WHICH THE PARTIES AGREE IS NOT A PENALTY. SAID PAYMENT IS DUE WITHIN TEN (10) DAYS OF EMPLOYEE’S LAST DAY OF EMPLOYMENT WITH ZZZ.
LOST PROFIT
IN ADDITION TO THE $10,000 LIQUIDATED DAMAGE AMOUNT SET FORTH ABOVE, SHOULD EMPLOYEE TERMINATE HIS EMPLOYMENT WITH YYYY PRIOR TO THE CONCLUSION OF THE EMPLOYMENT TERM, EMPLOYEE AGREES TO PAY ZZZ’S LOST PROFITS RESULTING FROM EMPLOYEE’S PREMATURE TERMINATION OF THIS AGREEMENT. LOST PROFIT IS CALCULATED BY DETERMINING THE NET AMOUNT OF INCOME YYYY WOULD HAVE RECEIVED FROM EMPLOYEE’S BILLABLE HOURS FOR A YYYY CLIENT HAD EMPLOYEE COMPLETED THE FULL EIGHTEEN MONTH EMPLOYMENT TERM. SHOULD EMPLOYEE BE ON THE BENCH AT THE TIME OF TERMINATION, THE MOST RECENT BILLING RATE PAID FOR THE EMPLOYEE’S SERVICE BY A YYYY CLIENT OR END CLIENT SHALL APPLY TO DETERMINE ZZZ’S DAMAGES FOR LOST PROFIT.
C. NOTICE TO NEW EMPLOYER
SHOULD EMPLOYEE TERMINATE THIS AGREEMENT PRIOR TO THE CONCLUSION OF THE EMPLOYMENT TERM, EMPLOYEE AUTHORIZES YYYY TO NOTIFY EMPLOYEE’S NEW EMPLOYER OF EMPLOYEE’S RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT.[/QUOTE]

[Subramanya]

employment issues

Thanks for reply, There are people who exploit and people who get exploited especially New Graduates or new comers from India.

---- You have to figure it out for yourself into which category one falls into. If it is the second cateegory that remains your weakness. Learn to be street smart and business savvy. Blaming the companies is an easy task.

Idea is awarness. I like to know available options and interested in knowing results of similar cases.

---- There is lot of awareness and there is no shortage of information. All you have to do tap into the right resources. What are they is anybody's guess and every one has to work towards the ideal solution. Remember one man's food is poison to the other

What happens when he just leaves current company with 2 week notice.
Joins another company and ignores notices if sent any

---- You can ignore upto acertain point of time. If the company wants they can get to you by that time or even after they have given their ultimatum. it all depends who are the players in the game and what positions they represent. Common be realistic my friend. This is real world.

Any employer cannot hold an employee on course of future employment in US
If the employer sues for his losses is it legal and reasonably strong case for him to prove a loss of income of 10000+ us dollars though he has been working more than a year now.

---- Yes, of course, if the employer and their legal attorneys want to extract it out from you they will do it, unless you outsmart them. Can you do it? try your luck and see what happens. Time will display the results

Subramanya

http://www.immihelp.com/forum/showthread.php?t=6725


Reason for this post I hate companies who exploit people in names of GCs, inhuman payscales, bonuses, perdiems, client-vendor-employer contracts, etc because it serious effects lives

---- You have yet to learn the hard facts of coming into US and immigration matters. Be calm, think of what to do and implement it. success is yours if everything is wroked out with teh rules in mind

Subramanya

[Angel0205]

thanks

thanks buddy for the useful information, we should spread this and the outcome as well. This is the only means we can come out of this trap or will take caution going towards that.
Pls let me know wht happend with your friends case as I'm also sailing the same boat. Did you take help from any lawyer?
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Seniors should not be that blunt, anyways it's purely their wish.

thanks.
MAT

[topcatin]

i was in a similar situation ..the idiot says " speak to my lawyer" n finaly i came to a agreement with this moron n ran off from this fool.
But i heard that you can report such idiots to "dept of labor" and "better business bureau" anonymously.