Help needed - Company asking for reimbursement

[obscurenessmoon]

Hello:

I had received an offer from an employer. I am not a US citizen and would need a H1b transfer from the employer. I accepted the offer and signed the offer letter. I have sent the required documents to them to initiate H1b transfer process. I did not get any update from them or their attorney for more than a month and meanwhile got another offer which I accepted. I immediately notified to the previous company that received another offer which is more aligned to my career interest and more conducive to my immigration situation.

The previous company(through an attorney who was responsible for H1b transfer process) sent a letter for reimbursement for expense incurred on behalf. Please note, there was no contract between myself and the company. Also, the offer letter clearly says that the employement is at will.Please help on how to proceed in this situation.

The attorney mentioned in the letter if I don't submit the money by 10 days, they will take legal recourse.

Please advise.

[t75]

Have your contract read by an attorney. You may be liable for liquidated damages for failing to join after signing contract.

[chakrakr]

Even before going to an Attorney, you can just say your employer that you will complain to DOL. DOL is not happy when employers ask for reimbursement of H1 related expenses. There are very strict regulations when and how some of it can be reimbursed

[obscurenessmoon]

Thanks t75.

However, I did not sign any contract. Neither the company nor myself entered into any kind of legal binding. In the offer letter, nothing is even mentioned about liquidated damage.

[obscurenessmoon]

I have signed a confidentiality agreement but it does not mention about any liquidated damage reimbursement. It only mentions about compete clauses.

[JoeF]

Thanks t75.

However, I did not sign any contract. Neither the company nor myself entered into any kind of legal binding. In the offer letter, nothing is even mentioned about liquidated damage.

Then the company doesn't have a leg to stand on.

You probably should still have the letter reviewed by a labor lawyer.

[rahul412]

I have signed a confidentiality agreement but it does not mention about any liquidated damage reimbursement. It only mentions about compete clauses.

If I were you I won't take any risks by depending on the forums. I say please have the agreement reviewed by some good labor attorney.

[obscurenessmoon]

Ok. Thanks everyone. My next question might sound a little juvenile but how do I go about finding a labor attorney with experience on labor law?

[rahul412]

Ok. Thanks everyone. My next question might sound a little juvenile but how do I go about finding a labor attorney with experience on labor law?

Google.

[obscurenessmoon]

[update]

Just wanted to provide an update on this issue. Hopefully it will be helpful to other members.

1. It's not difficult to find an attorney with expertise with Labor law but it is definitely expensive. To review the documents(offer letter and confidentiality agreement) one attorney asked arround $400. To take up the case, one attorney asked for $5000 retainer fee. I even tried a online legal service provider, who asked for $50 to review the documents and to provide legal advice. I wasn't really confident about them.

2. I called Department of Labor(DOL) national service center and also the local office where the employer is located. Both time, they listened to my case and told me that they will ask an investigator to contact me to discuss the issue. No one followed up yet but it's been only 3-4 days. To involve USCIS was more confusing. I wanted to go to a local field office by taking an appointment but I wasn't sure if they will entertain this kind of issue. There are phone numbers on their website but it goes into infinite loop of automated voice. If anybody had better experience with USCIS, please share.

3. Meanwhile, the previous company HR(which I did not join), sent me a note threatening that, may be it is time to involve USCIS to inform about my activitiy.

4. As a reponse, I mentioned how they asked for Premium Processing fee(for their interest) during negotiation phase. How their unresponsiveness put me and my family under a stressful situation(they did reference checks with some of my colleagues in the company I was working, which made situation a little weird for me). Also, I clearly noted that I have started working with DOL to discuss this issue. I mentioned that their indication to involve USCIS is welcome by me because if they don't, I definitely will.

5. Meanwhile, I responded to attorney's letter by saying that I do not agree or admit to any comments he made in his correspondence. There was no meeting of minds for any kind of reimbursement from any party between his client and I. So his claim for reimbursement is unfair.

5. I received a mail from the hiring manager of the company today that they are dropping any case with me because they don't want to waste any more time on me. He also mentioned, what a bad person I am for not joining their organization etc.

I hope, this will end this stupidity as it's very annoying. Dealing with law is not easy so lesson learnt is, never play with it.

I have few reflections from this incidence.

- My activities were certainly not ideal. I have signed an offer letter and later decided not to join the Org. It might seem unethical to many.

but

The company's unresponsiveness was one of the reasons why I seperated. Besides, I have found another opportunity during this time which is more aligned to my goal. A company will not think twice before canceling a job offer or let go someone if situation needs. I made a decision based on my situation and whichever is best for me and my family. When company interviews for a position, they interview many people but do they ask them for advertisement fee or fees for interview even if things don't work out? So, I am not sure why someone would be liable for any damage if there is nothing in a contract.

In any case, I will try to be careful next time.

Thank you everyone.

[obscurenessmoon]

Another update:

I was contacted by a DOL investigator to discuss the situation. I explained, that the employer withdrew any complaint against me and I am also not filing any complaints.

[JoeF]

That company was obviously rather unprofessional.

People change their minds all the time. It is just the cost of doing business to handle such things.

[rahul412]

That company was obviously rather unprofessional.

People change their minds all the time. It is just the cost of doing business to handle such things.

This is what happens at the end.

OP was dare enough to file a complain against the employer and employer has to take back the case, but if OP was scared then that employer would obviously made some profit out of it.

I would be more happy if OP decided to fight till the end. But that's up to him/her.