Legal Question in Employment Law in Pennsylvania

Employment Contract

I Joined a Company which said they will file Green Card if i join their company

After two stages of green card and 18 month,they said they will file the final stage only after giving a contract for 18 months

I have paid for the expenses for first two stages of green card process.

can i able to sue them?


Asked on 9/06/07, 11:01 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Employment Contract

You asked about immigration and employment.

While employment in PA is generally at-will there are many exceptions.

It would be lawful for an employer to make the agreement you propose before hiring an employee. But the specifics of the agreement you suggest would probably not be enforceable. The employer is seeking to use duress to get your compliance in entering the contract.

If you are not planning on staying with the employer then you could probably enter the contract and, if the time came, breach the contract with impunity. In all cautiousness you must have the agreement reviewed by an attorney before signing. An attorney can help make certain that the contract controls the risks for you.

There are certain provisions that are acceptable in employment contracts and others that are not. If the contract becomes an indentured servitude then there would be no enforceability.

Regards,

Roger

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Answered on 9/06/07, 11:57 pm


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