Legal Question in Employment Law in Ohio

Cognovit Promissory Note

Hi,

I arrived in US earlies this year on

H1B visa and have been associated

with my employer for less than an

year.

My employer, based in Ohio, made

me sign a Cognovit Promissory

Note on my arrival to US. The note

says under extremely strict

language: that if i leave the

company before the completion of

24 months, i would need to pay him

$12,500.

I had to sign the note then.

I want to leave my employer.

So my question is:

If I resign ( with proper 15 days

notice ), can he take legal action

against me, based on this

promissory note?

If yes, why? I dont wish to work

with him anymore and want to

move on.

According to DOL: no kind of--name

removed--

is valid. but the company can press

Damage charges.

again then i concern is: why should

an employee be concerned with the

damages. If the employee gets a

better opportunity elsewhere, he

should have the freedom to switch,

which in my case would be

possible, if i get my h1 transfered.

I would be highly obliged if you

could advise me on this.

Really looking forward to a reply

from your side.

Regards


Asked on 11/20/08, 11:54 pm

1 Answer from Attorneys
Howard Mishler Howard V. Mishler Co. LPA

Re: Cognovit Promissory Note

The note is a separate transaction and must be attacked for negotiable instrument defenses. The H1B Is governed by INS and has certain requirements. The note may be in violation of US Constitution Policy. Call today for free consultation.

Howard.

Read more
Answered on 12/01/08, 10:35 am


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