View Full Version : H1B Employer Breach of Contract related Information required.

08-28-2015, 02:34 PM

I have signed the agreement of Employment i.e part of my offer letter before appearing for my visa interview.

Infact they had given two offer letters. 1. offer letter with no agreement of employment after shortlisting me for processing h1b.

2. Offer letter with agreement of employment just before going to us consulate for stamping where they have revised the Breach of Contract penalty to USD20K from the previous amount USD10K.

Points mentioned in the offer letter as as follows:

1. YOU willfully agree that during the two (2) year term of the CONTRACT with XXXX,YOU will work exclusively with XXXX. If termination occurs before the two (2) year term contract ends, YOU will not work directly or indirectly with any of XXXX direct or indirect clients or competitors. Failure to do so will result in a breach of this contract.

If EMPLOYEE does not complete the two (2) year term, XXXX will incur a loss of $20,000.00 USD.To ensure that XXXX does not have to
bear the $20,000.00 loss, EMPLOYEE agrees to reimburse XXXX through specific performance will be valued at $10,000.00 USD and will be credited towards the $20,000.00 xxxx incurs.
Therefore, at the end of the two (2) year term, EMPLOYEE through specific performance will have fully reimbursed the $20,000.00 XXXX incurred.


EMPLOYEE agrees that at least 30 business days written notice of his/her termination of employment.EMPLOYEE agrees that at least 30 business days written notice is reasonable and necessary under
such circumstances due to the substantial effort, time and expense xxxx will be required to incur in employing and relocating EMPLOYEE and in replacing said services.

I just need to know are these clauses in Employment agreement as per law and justified?.Will these clauses created trouble for me during my employment in US?.What are the remedies to come out of these contracts peacefully and with mutual understanding with the employer and who could help me under such situation?.Kindly guide me.

Rajat Mathur