Three year contract and penalty

Because my employer sponsored my greencard, they had me sign three year contract. I have to pay penalty IF I terminate my employment within three years. The penalty would be 6 months amount of salary for the first year, 3 months amount for the second year, and 1.5 months amount for the third year. Is this legal? Because I've been getting paid $8 per hour less than I was promised orally, I am ready to quit.

Thank you very much.

2 answers  |  asked Apr 30, 2002 12:54 AM [EST]  |  applies to California

Answers (2)

Geoff Morris
Enforcable Contract?

In order to answer your question, I would need to review your employment contract. There is a possibilty the terms of your contract are unconscionable and unenforcable. Futhermore, your employers failure to pay you the hourly pay you were promised, may result in a breach of your employment contract rendering it unenforcable. Finally, if it can be shown that you were induced to migrate to the U.S. based upon a misrepresntation, you may have a claim against your employer. You can contact me at 949-727-2630 or 909-680-1182 to schedule a consultation to discuss you situation futher.
Geoff Morris

posted by Geoff Morris  |  Apr 30, 2002 5:37 PM [EST]
Janet M. Koehn

the question i have is whether you can PROVE that the terms and conditions of your employment were misrepresented to you as an inducement to get you to migrate to california. if so, you have a statutory claim. because you were required to sign a contract, it will be more difficult, but not impossible, to prove your statutory claim.
if you are in southern california, please call me for a consultation.
janet koehn

posted by Janet M. Koehn  |  Apr 30, 2002 12:41 PM [EST]

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