Legal Question in Employment Law in Washington

Hello,

I got a job through a consulting company on a client location and consulting company was ready to do h1b transfer. When i got the H1b transfer receipt, I left the old job and start working in client side through consulting company. After 3 weeks of work my h1b transfer was denied. After I got denied notice I left the company sending the resignation letter.

Now when i ask the consulting company to pay my salary for 3 weeks. They are saying that i need to pay them liquidation damages that i did when i left their company.

Also, there was one clause in offer letter that if i leave their company before 6 months I need to pay liquidation damage of 5,000 USD.

I left their company when my H1b transfer was rejected and I was no more eligible to work.

The consulting company is harassing me telling they will send to collector if i do not pay the liquidated damages charge.

AM i suppose to pay the liquidated damage? I was not their employee when my h1B was transfer was denied.

Also I need my 3 weeks of pay.


Asked on 6/03/11, 2:45 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Generally, the doctrine of impossibility will excuse your continued performance. If you were denied the visa, you can't perform, by law, the terms of the contract.

You should check with Washington Department of Labor regarding the three weeks of wages they did not pay you. If you worked, you are entitled to payment.

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Answered on 6/03/11, 3:18 pm


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