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 4 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.


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