Legal Question in Employment Law in Massachusetts

Issue with my Employment Contract

Hi,

I came the U.S to H1B visa 6 months back as a S/W Engineer.

The offer made to me in my country, had no binding clauses that i had to stay with the company for a fixed time.

On arriving here,i was asked to sign a contract that had a clause saying that i should not leave the company for a stipulated amount of time(one year in this case) and breaking which i would have to pay a penalty of $10000.I had not other go, so i was forced to sign it. I was not given a copy of the contract though i asked for it.

Now i have got offers from a couple of companies and i want to move over to one of them.

I have been asking for a copy of the earlier contract that i has signed. But my employer says that he has lost it and he wants me to sign another new one. Is it legal ?

Further, i heard from some of my friends that i am supposed to be working in the premises of the company that holds my H1B, which is not what i do right now. Since from day one, i am working for another company which has contracts with mine. Is this right?

If i were to leave my company for a new one, is it liable that i can be sued. If so am i defenceless?

Please let me know.


Asked on 1/13/01, 2:28 pm

1 Answer from Attorneys
Chester V. Shea III Law Offices of C.V.Shea III

Re: Issue with my Employment Contract

I have handled many of these type of cases in the past and it is a safe to say that the agreement can be enforced, to some extent. However, in the cases I have been involved, we have always been able to work out some agreement which results in financial savings to the client.

For more information, you can contact my office at 508-799-0090.

Read more
Answered on 1/31/01, 8:07 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Massachusetts