Q: Is the below ask for damages for valid for H1B person. It was signed when I was in my country
State of New Jersey Jurisdiction. The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in Jurisdiction Employee. Employee understands that the Company is depending on the Employee to work on in-house or various Company projects and that the Company will suffer damages if Employee terminates the employment prior to the Term Date or Termination Date. Employee acknowledges the time, effort and resources that the Company expended in recruiting Employee and the time Company will expend in assigning projects or assignments, and the damage that will result to the Company's business in the event that Employee fails to appear for his employment, report to a Company designated assignment or project or complete the term of this Agreement. In the event Employee fails to appear for his employment, report to a Company designated assignment or project or complete the term of this Agreement by terminating before the Term Date or Termination Date,
A: The answer to this question would partly depend on the US state which governs employment and that states common or statutory rules on recouping liquated damages to which the US immigration law defers.
This is meant to set you on the right track, and not as comprehensive legal advise.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.