Dear Friends,
I am really in great trouble. I am working with Indian Consultant Company in NJ for about 10 months and I want to leave the company to join permanent position. I signed bond with them for one year. Now they are asking me $15,000 for liquidity damage if I leave the company otherwise they will sue me. I don't know really what should I do? My new company is ready to transfer H1B visa and I already gave my current consultant company 2 weeks advance notice. Please give me suggestion.
Thanks
Anu

Anu, Technically speaking, you cannot do anything in this case. Because you signed agreement with them, you gotta stick with em for two more months. I feel very very sorry for you. Can't you ask the other company to wait for two more months? I would suggest you not to get involved in any kind of law suit. Or try to convince the dhoti consultancy.

All sajha folks who are trying to join dhoti consultancy should learn from this. NEVER SIGN ANY KIND OF CONTRACT WITH THOSE BASTARDS. There are a lot of consultancies who dnt ask for any kind of agreement. Try and go for those.

Bond re, you must be referring to a contract. You are not a slave. Employment is at will in USA. Company can let you go and you also can let the company go. Don't worry Anuva. These Bottom Feeders are trying to scare you. It's called Scare Tactics. These blood thirsty vampires want to suck some more of your blood.

My friend signed a 1 yr contract with a Dhoti company. He left after 7 months and that dhoti guy made a huge hungama saying he will sue etc. Sue??? LOL. How can they sue when they know they are freakin lying on resumes and getting jobs? These dhoti companies have bunch of tricks and they know better than not to mess with law. They don't want to open a can of worms.

That dhoti company ate my friend's last two paychecks. That's it. Now my friend is working full-time.

If I was you, don't tell a soul which company you are transferring to. Just quietly transfer your H1 and leave.

Completely agree with Moksha.

Moksh, I disagree. I have seen many situations where consultants were dragged to the court and had to go thru many hearings. It depends on the employer, how good of attorney do they have.

If I were you I will try to stick with them for another 2 months or try to convince them for lesser money..... Did you ask your future employer if they can wait for another 2 months?

Good Luck

By the way what do you mean by Bond??? It could be a contract but not bond, right?
Unless it is not a big giant like infosis, every single small consultant company have skeleton on their closet. IT could be lying on resume, not paying tax, keeping ppl on bench for long time, tempering with copy rights CDs (software’s) and distributing them………Man list goes on and on….
Last thing they want to do is sue you and get Law enforcement step on their premise.
They are very good at making fuss though…They will tell you as if they all graduated for Harvard school of Law. When I transfer my H1, I did not tell them at all and they found out 3-4 months later.
Employment is AT WILL in USA which means you can leave anytime you want or vice versa. They could make you pay back sign in bonus or relocation expenses but this is very unlikely that these companies would pay you these expenses.

And one more thing...
1) Do they pay you on regular basis? Do they pay you only when you get a project?
2) Do they pay you when they kept you on bench (I don’t know if you had to stay on bench). Do not sign any medical document saying you were sick…. if they kept you on bench.
If they did not write you pay check from the day you joined their companies, forget about them suing you, YOU can sue their lousy A** and get way more than $15000. I know one guy sued them and they settled it outside the court for $50000, $25000 for lawyer and $25000 for him...

No one can stop you from access to other job opportunities and providing a better life for yourself and your loved ones (even if you've signed a contract). Tell those goddamn dhotis that you'd go to court and countersue them for forcing you to hang on to a job where you aren't the least bit satisfied and above all for stopping you for pursuing other opportunities where you could potentially end up bettering your life. This ain't the age of bonded labor anymore. Unlimited Labor mobility is what makes this a great nation and what makes eployess get the fair wages they deserve. Run and Get a friggin lawyer right away!!

AX, you can disagree all you want but the fact of the matter according to the original posting is "Indian Consultant Company in NJ ".

You know what that means right. I am not talking about Big 5 consulting companies. Sure they have the power to sue etc. Indian owned consulting company in NJ ... that is the prime hub for IT sweat shop in USA ... lol

I gurantee you these Indian consulting companies in NJ fake your resume, fake references and place you on a project with 5 years of work exp. Who dosen't know this?

Is faking your resume and getting a job legal? If you commit a crime and if your so called dhoti friend helps you in commiting a crime, then guess what, you both are GUILTY.

So you think the dhoti will goto court after you are Partner's in Crime ... :)

Anuva,

That contract is as much worth as the paper it is written on. Slavery went away in America a long time ago. The dhotis are just trying to scare you, they know it won't hold up against court.

Anuva, congra, be strong, take decision to switch company right way, if dhoti want sue , this is their problem not yours, it wil not distrub you any more, Dhoti signed agreeement that they never gave chance to read fully and they forced to sign the agreement, this country is rule by law, you are in USA , not in Nepal and India.
Be relax....

I would talk to a lawyer and see if you will get into trouble for breaking the contract. If you have a better future waiting for you, you should explore all the options to grab it.

The labor law in the US is based on hire and fire policies. However, if there is a contract signed between an employer and the employees, the contract controls your employment deals.

You can leave the company. But you will have to compensate your employer for whatever the loss your company bears from loosing you. Now, you take the risk. If the employer fires you before the deadline of the contract, it has to pay you all the benefits and the entire salary throughout the contract term.

Now you decide, which path to choose.