Legal Question in Immigration Law in Texas

I am being asked to sign the below agreemnt. Would I end up paying If I am on Bench in October, no pay and firm withdraws my H1B

Liquidated Damages due to early termination of employment: In order to recruit, interview, hire, and train a new employee, CPSG Partners incurs specific expenses, exclusive of the business expenses related to (i) H-1B sponsorship including USCIS Fees and Attorney Fees. Furthermore, a voluntary and premature termination of employment by you results in a specific loss of revenues to CPSG Partners due to disruption of on-going projects and the consequential inability to meet deadlines and deliverables. Hence, should you voluntarily terminate employment with CPSG Partners prior to twelve (12) months of billable period from your date of employment, you shall be liable to pay CPSG Partners, specific liquidated damages(*), as detailed in this agreement. These liquidated damages are not meant to: (i) penalize you, or (ii) recover H-1B related USCIS fees, or (iii) recover H-1B Attorney Fees from you consistent with 20 C.F.R. 655.731 (c) 12, or (iv) dissuade you from terminating this employment, which remains, employment at will. (*)The liquidated damages are $10000


Asked on 3/13/14, 5:16 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

I cannot advise you on a matter such as this, since I am not representing you in this case. However, I would recommend that you hire an attorney to review the contract & represent you with this matter before you sign anything!

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Answered on 3/14/14, 8:36 am


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