Legal Question in Immigration Law in California

I am somewhat confused by your question. If your wife has not signed the contract with employer A, and she knows that she will be employed by employer B, there is no contract with employer A for employer A to enforce.

If you sign or have signed a contract with employer A which includes a liquidated damages clause, it would probably be enforceable if it is valid under the state law which controls the contract. Whether or not it is enforceable would depend on whether the clause is construed as a liquidated damages clause (permissible) or a penalty (prohibited).

I highly recommend you contact an immigration attorney because the answer to your question depends on many variables, including the way the contract has been drafted, the state law which controls the contract, and other things.

This email is for general information purposes only and does not create an attorney-client relationship.

As Attorney Brown has stated, if she signed an employment (civil) contract, then the employer might be able to take civil (monetary) action against her. Otherwise, this is unlawful & not an Immigration law question at all.

You should meet with an Employment Law attorney and have him/her review any employment contract that she may have signed with this prospective employer.

In the meantime, she should not sign anything.