Legal Question in Immigration Law in Ohio

Early Termination Fee

Few years ago I signed H1B agreement with a recruiting company A to come for work in the US.

In December 2003 I arrived in Ohio to start working for company A. At the same arriving day they forced me to sign an agreement with a third-part company B. They said that it is required for all new employees and they will not continue to work with me if I refuse to sign this and they will send me back to my country in that case. I had no idea about this new agreement before that, there were no mentions about it neither in my writing H1B agreement nor during verbal communications with company's representatives before my arriving.

According to that agreement company B had to supply some services to me during accommodation period: residential facility, language training, etc. In consideration of that I had to pay to company B (not to company A) $15,000 if I terminate my contract with company A before two-years term.

After 9 months working for company A I found a better job, made visa transfer to other company and I quited the company A. After some time company B demanded from me to pay them more than $10,000 under my obligations of above agreement. Otherwise they threatens me with filing a claim to a court.

What should I do?


Asked on 3/14/07, 2:25 pm

2 Answers from Attorneys

Joshua Hale Hale Law Group

Re: Early Termination Fee

Unfortunately this is a complex question that requires more time and thought than is appropriate for this message board. I suggest you consult an attorney at your earliest convenience, this may be the quickest and cheapest way to deal with this situation.

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Answered on 3/14/07, 3:25 pm
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Early Termination Fee

Because of your status as a nonimmigrant worker, you are here at the behest of the employer. I suggest you clear the matter with your first employer.

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Answered on 3/14/07, 5:17 pm


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