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  • I need help

    Kailangan ko po ng tulong. My family has just arrived here in the US last year. My husband is a nurse and he was sponsored by an agency to work here in the US as E-3 visa. His contract is to work for them exclusively for 2 years. Naisama po kami as his dependents. After 4 weeks, we received our green cards. After less than a month, he passed his stateboard exam. Unfortunately, the agency still doesn't have a job for him. And worst, he's a registry, meaning, he can't be regular in a single hospital. He had to be transferred in different hospitals. If the hospital doesn't need him anymore, then the agency has to find another hospital for him. But up to now, still no job for him. We can't wait for it. We're broke and we need money to support our family. So he decided to apply in a hospital without the agency's knowledge. The hospital accepted him and promised to help him if the agency looked for him and sue him for breach of contract. Last week, he tried to contact the agency and tell them that he wants to buy the contract. Gusto kasi namin malinis ang usapan. It states there in the contract that should he breach it, he has to pay $10,000. He agencysaid no and threatens him that should he breach the contract, they will sue him and report the matter to the INS so that when the time comes for us to apply for USC after 5 years as immigrants, we will have a really big problem. Until now we never received call from the agency thinking they're just studying what to do to us. Please help me. I need some advice on what to do. Thank you.

  • #2
    Kailangan ko po ng tulong. My family has just arrived here in the US last year. My husband is a nurse and he was sponsored by an agency to work here in the US as E-3 visa. His contract is to work for them exclusively for 2 years. Naisama po kami as his dependents. After 4 weeks, we received our green cards. After less than a month, he passed his stateboard exam. Unfortunately, the agency still doesn't have a job for him. And worst, he's a registry, meaning, he can't be regular in a single hospital. He had to be transferred in different hospitals. If the hospital doesn't need him anymore, then the agency has to find another hospital for him. But up to now, still no job for him. We can't wait for it. We're broke and we need money to support our family. So he decided to apply in a hospital without the agency's knowledge. The hospital accepted him and promised to help him if the agency looked for him and sue him for breach of contract. Last week, he tried to contact the agency and tell them that he wants to buy the contract. Gusto kasi namin malinis ang usapan. It states there in the contract that should he breach it, he has to pay $10,000. He agencysaid no and threatens him that should he breach the contract, they will sue him and report the matter to the INS so that when the time comes for us to apply for USC after 5 years as immigrants, we will have a really big problem. Until now we never received call from the agency thinking they're just studying what to do to us. Please help me. I need some advice on what to do. Thank you.

    Comment


    • #3
      You have reason to look for another job because they do not regularly provide you with one. A contract is two ways, both have to comply with its term. The agency also breach the contract by not providing you the job regularly. This is your defense. Another defense is that you have offered to pay the penalty for the breach but they refuse. It is also in the terms of the contract that in case of its breach, you have to pay the penalty, and once you pay you may be already out of the contract. I hope this last defense is one of the terms.

      And do not worry if the agency sue you, it is a civil case, I do not think a judgement in a civil case is tantamount to a crime against moral tupitude.

      Comment


      • #4
        to aubrey
        I suggest you to post that question to boni,filipino din sya or mohan magaling din sya they might give you a good advice okey good luck!

        Habang walng trabaho asawa mo hindi ba nagbibigay ng allowance ang agency nya man lang o loan?

        Comment


        • #5
          please let's speak english !!!!
          I have nothing against yr hindi or whatever it is but this board is for sharing and sharing in the same language...
          thank you

          Comment


          • #6
            Audrey

            My answer to you was at the spur of the moment, when I saw you are a pinay i readily devise an answer.

            You know I do not believe in confrontation, I am not like Juan Tamad, but if I can get the fruit na hinde na titindig, I will do do. What I mean is, try to talk to the agency and indicate yoour husband willingness to go back. This time it is your own term that you do not want your family to go hungry anymore by not providing you with the job.

            On the other hand, I do not think the agency will spent more than $10,000.00 to collect $10,000.00. Lawyers here are very expensive.

            There are many terms in the contract that we have to consider, which you might not post here.

            Here are my questions:

            1. In case of breach and you pay the penalty, will you be out of the contract?

            2. In case of breach, do you have to pay cost of litigations and atty's fees?

            3. Is your husband allowed to seek temporary work in the interim in the event the agency failed to provide jop for your husband?

            4. How long is the term of the contract and was it executed, in Phil. or in U.S.

            Comment


            • #7
              Salamat sa mga advices. It says there in the contract that he should work exclusively for the agency for 2 years. He's not allowed to work for anyone. It was mailed to us in the Phils. for his signature months before we had an interview with the US Embassy and then, mailed it back to them. After a month, the original contract was mailed back to us to be presented to the embassy. The contract had already been notarized and signed by the agency here. Should he breach it, he needs to pay the penalty, that's the $10,000. Which we readily offer to pay just to get out of the contract na tinanggihan nila. About your question #2, i have no idea if the penalty includes all attorney's fees. Right now, he's currently working in a hospital na hindi alam ng agency. And we have no plan of going back to the agency. In case they sue us, will it affect our status here in the US as immigrants?

              Comment


              • #8
                AUDREY

                Let me give you my piece, a contract is the law between the parties, you have to comply with it.

                I can not blame your husband to work outside of the contract because the agency has no work to offer at the moment.

                But your husband can not refuse to work again with the agency if they have one available and ready just because the new job is secured and with better terms, if that is the case.

                IN this case, your husband can be sued for specific performance and also be liable for breach of contract.

                I came to this conclusion after reading your last posting. Please do not misunderstood me, opinion ko lang ito and an honest one to the best of my knowledge and belief. Gusto ko lang tumulong sa abot ng aking analysis sa caso.

                Paala-ala, bayaan mo muna ang iyong status, matibay na iyan, intindihin mo muna ang problema sa contract. Ang lahat ng problema ay may solution. Mahirap ang may kaso, lalo na dito sa america, magastos. Baka sabihin pa ng INS na bad faith kayo sa pagtupad sa contrata ay makaaffecto pa sa pagaapply para naturalization.

                Comment


                • #9
                  Check your Contract, may be your husband can sue the Agency for damages because they failed to provide your husband with a job. If there is a condition like that, then your husband should send them a notice for damages. In that event, the Agency may offer to void the contract.
                  Good luck.

                  Comment


                  • #10
                    Comos te jamas, srce?

                    Comment


                    • #11
                      AUDREY

                      you may no longer be interested in your case and thats the resaon why you are not responding anymore. But I want I want this posting alive so that others may have a better input.

                      I may be conflicting myself in my previous posting and I will admit that. But the more I look at your case the more it becomes clearer to me.

                      Here are the possible scenarios:

                      1st.: The agency may accept your offer to pay $10,000.00 for breeach of contract for working outside and at the same time it may require your husband to comply with the contract- that is, complete the 2 years, judicially or extradjudiciaaly, it defends on both of you.

                      2nd. The agency may accept the $10,000.00 plus the expected income that will be generated by your husband working with them. They can enforced it out of court or by judicial process, may be plus atty's fees and cost of litigation.

                      I saying this not to scare you but this is poosible. A contract is a contract and your are bound by it.

                      A contract is binding between the parties if all its elements are present. It being not notarized does not invalidated it.

                      Mind you, 90 % of documents notorized in the P.I are signed by the lawyers's secretaries not even in the presence of the contracting parites. They can get away with it because the lawyers do not deny that it was not theirs.

                      Comment

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