H1 B employment contract validity in NJ

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H1 B employment contract validity in NJ

I am on H1B, started with my employer in August-16. I signed an agreement with
employer stating that ‘I will have to stay with employer for 18 months, if I leave
employer I will have to pay 2500 per month for remaining months’ and this
contract will be executed in NJ state courts. Aslo there is a waiver of jury trial
clause. Now I want to breach the agreement since with such less salary, I won’t be
able to get my family with me in US. I need to know the validity of such contract in
NJ state. Can you please advice me on the same? I can send the soft copy of
contract if you provide me email id. Thanks in advance.

Asked on December 8, 2016 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The fact that you are on an H1B does not affect the validity of a contract one way or another. The contract you describe, while onerous, appears to be legal: an employee can contract to stay with an employer for a given period of time, and can further agree to pay some amount to the employer if the employee leaves employment early. It is also legal to agree to the law (e.g. state law) which will govern a contract to waive a jury trial in the event of an alleged breach or dispute over the contract. Your personal situation--whether or not you will have the money to bring your family to the U.S. has no bearing whatsoever on the contract's validity or enforceabiity: people cannot escape contracts because they are bad for them. Based on what you write, this contract is enforceable.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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