Legal Question in Employment Law in Michigan
Contract Breach
I came to USA from another country, through company A. They processed my H1B visa and paid for my air tickets. After 8 months, I got an offer in company B. I joined company B. After 4 yrs of quitting company A, now company A is saying, I have to pay them all the expenses they made in bringing me to USA, plus attorney fees, etc... Company A has not paid my last pay check yet. My question is how valid is this demand? Can they sue even after 4 yrs? What is the legal possibilities if i dont pay them? What type of lawyer I have to see regarding this? Please help me.
1 Answer from Attorneys
Re: Contract Breach
If you had a written contract with company A, it may sue you for breach of the contract within 6 years of the breach. Your wages from company B are subject to garnishment if company A prevails in a lawsuit.Typical immigration/employment contracts call for reimbursement of the employer for its costs of your immigration or liquidated damages if you quit during the contract period (usually less than 5 years).
It is unlawful for company A to withold your last paycheck unless you gave it written permission to do so. This would be a basis for a counter-claim should you be sued. Other legal defenses may be available to you.