What are my rights if I am working for an Americn company overseas on an L1A visa?

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What are my rights if I am working for an Americn company overseas on an L1A visa?

In the offer letter there is a clause that says if I quit IBM India without giving 90 day notice, I will have to pay $10k. Is such clause legal and valid in US? Also, if I quit without giving them $10k, I will not get a service experience letter , will it have any impact for my green card filling? Thhe clause says that my employer can and will engage the services of a collection agency if payment is not receieved by the employee’s resignation date.

Asked on June 21, 2012 under Employment Labor Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of most states in the United States as well as federal law, the penalty clause as to the employee quiting without giving the employer 90 days notice most likely would be in violation of public policy and unenforceable.

In essence the $10,000 penalty when read in conjunction with the 90 day notice requirement creates for all intents and purposes a form of involuntary servitude outlawed in this county since 1863.


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