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Is it legal to make such training and employment contract?

Dayton, OR |

One IT consultancy first offered me free training + transportation + accommodation. After training stared they signed contract that If I fail to complete their training or terminates their offered employment, they will reimburse all investment through court. Now they are saying if I fail on their training exam I need to return back all their investment. I want to ask legally is it OK to make such contract ? Do I need to accept their demand?

Attorney Answers 4

  1. Some of these contracts are probably unenforceable, but many could be. You should consult with an employment attorney in your state to discuss this contract.

  2. This isn't an immigration question ... even if they are seeking reimbursement for the money they spent on your visa.

    You would need to show this contract to an employment lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

  3. Not an immigration question.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

  4. Since we have not seen the contract, it's hard to say whether the contract itself is enforceable in court. Generally, a company has to have the terms and conditions spelled out prior to the employee signing the paper. Any changes that come afterwards must also be signed by the employee after giving the employee the opportunity to review and understand the new terms. If they make it a requirement to maintain employment, they can release the employee if the employee refuses to accept the new term. However, the company cannot then impose a fine or fee on the employee.

    Take your employment contract to an attorney in your area and see what they recommend.

    This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.

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