H1-Transfer

[pdj]

Need your advice very urgenlty.

I was on bench for a month time and employer did not paid for that bench month eventhough I was on salary based. So I had left that Desi Consulting Company A last week and joined new Company B. Before joining to company B have given two week notice period in email to Company A as per the contract agreement. Since I was on bench he said that, has released me on same day itslef, so that he don't want to pay another 15 days kind of. Anyway he did not paid me last month also. This was happend only verbally on phone. Next day I had sent another email to him saying thank you... bye bye.. and settle the account at the earliest with reference to what he had said verbally on phone about my resignation. After 2 days I joined Company B. Now Compnay A intention is to claim liquidated charges like relocation and travel expenses etc since I haven't completed one year with his organization as per signed contract. I am willing to pay those liquidated charges as long as he pays back my all withheld amounts. And also he has mentoned many times about he is going to claim those charges legally. Company A H1B fees bared by me only.

I wanted to know how legally he can claim these charges and wanted to know how I should be prepared to tackle this guy?

Thank you.

[DMX17]

First, some H1 fees has to be paid by the employer.

Second, the employer must pay the employee all the time. This is the law.

Third, liquidated damage contracts are valid. You signed it. Right?

You cannot mix the Second and Third issues. Breach of contract and unpaid wages are separate issues. For wages, complain to Department of Labor using WH4 form. Contracts are valid.

[pdj]

So your advice is to pay the liquidated amount and wages issue complain to DOL, am I right?

[kadiamsatya]

Hiii

I have a question here... If that agreement is a softcopy means if we sent a signed soft copy (Scanned) to employer, is this also valid in US law???

[txh1b]

No one can claim liquidated damages by pulling the figures out of thin air. The company has to prove they spent X amount on relo/trip-cancellation-insurance/training/client loss to claim that.