Final settlement from Employer.

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dba84k

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I was working for an India based MNC in US. I was recruited in India and they sent me to USA on deputation at the client facility for originally 1.5 years. I came here in December 2009 and despite giving our blood for the project for 1.5 years, they gave me ($ 12) decrement in appraisal giving the reason that they have to bring my salary to minimum wages .Then I left the company as there was no growth opportunity for me and joined another company in US.

I have signed a deputation letter according to which i needed to give 2 months of notice period while leaving the company in USA. However, it is not practically feasible here. There are contradictions in the deputation letter and service agreement of my ex-employer. In deputation letter, they say that I have to give 2 months of notice period while leaving where service agreement states that if I want to resign at USA, I have to come back to India and serve for 6 months then only I can resign. I even asked them that I can leave the organization after completing 1.5 years of deputation but according to them this deputation is valid till the time they want. So it is never ending bond to trap the employee and employee is kind of bonded labor for them. They can keep the employee in USA till the time they want and they can give the salary, they want, but employee can not leave them.

While leaving, I gave 2 weeks of notice period to my previous employer. However they are asking for $ 10,000 of liquidation damage for training, orientation, replacement etc. I never received any training/orientation from my employer. I gave proper knowledge transfer to my colleague and I even have mail confirmation from him. I also completed the project work which was related to me at the time, hence i do not think, company's project suffered because of me leaving the company. I was working for them for 2 years so I think company had received enough from the client for my work, so whatever they spent on my visa and sending me to USA, they must have received ten times more than their expenses.

Now, my ex-employer is neither giving me experience letter nor clean exit as I am not ready to give $ 10,000. I know that we do not require experience letter in USA but still, I just wanted to know, if there is a way out to get my experience letter as well as relieving letter.

Your advice will be a great help for me.
 
You may be held to their demand, depending on what you signed. Lets face facts, the only reason they brought you to the US, was because you would work for a substandard wage. They want to contractually bind you, to keep you from taking your experience to benefit someone else, when they paid your way. If you don't want to fulfill your contract, consult a lawyer. If necessary, pay a lawyer a similar amount, to defend you against a suit. You likely will receive no reference.
 
OP, the visa allows you to lawfully work in the USA.

Without a proper visa, your stay and income are in jeopardy.

Your personal freedom may also be at risk.

Without their sign off on your release, you may not be able to work for another company in the USA.

You're not a bonded servant.

You are, however, under a contract that you willingly signed.

You're also a guest in our country.
 
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