Terminating an Employment Contract Before Your Start Date

My question involves labor and employment law for the state of: NJ

I signed a employment contract with a at will employer "with whom I can end the relationship with or without cause and with or without notice" with the start date in one week. But due to some personal reasons I decided not join the employer.

Not the employer is threatening me that there could be financial responsibilities as I already signed the contract. And I must join this contract.
I want to know if these claim has any base as this is at-will contract

Also, I am on H1B and employer has already started my visa transfer process, I took the drug test and background check is done. So can they sue me or demand money from me?

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Quoting Employment Contract Excerpt

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companyX is an employer at will. This means that either you or companyX can end the employment relationship at any time, for any reason, with or without cause, unless prohibited by law. This also means that companyX can change the terms of your employment, including pay rates, with or without notice, unless notice is required by law. This Confirmation is not a contract. A vital component of companyX mission and culture is promoting workforce diversity within our ranks, with our suppliers and with our clients. We strive to create inclusive environments that embrace those with diverse characteristics, including gender, race, ethnicity, religion, disability, age, sexual orientation, work experience, social class, educational background and any other status protected by law. The Employment Agreement Terms and Conditions that you signed with CompanyX, and not this document, govern the terms of your employment with CompanyX.

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If the employer incurred expenses because it relied reasonably on your promise to work for them then yes, they can recover any damage you cause them. No, you do not have to work for them - that's employment at will. However, you cannot make a promise, have someone rely on it to their detriment, cause them to incur expenses, and not cover the damage you've caused them by failing to fulfill your promise. If an employer did that to you, you'd be hopping mad and you'd want them to pay. It's a two-way street.

Have you read the contract that you signed? Does it speak of this early termination?

the contract does not have any clause related to early termination. it states that it is at will and can be terminated by either party at any time with or without notice and with or without cause.

Exact words as below.

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Quoting At-Will Clause

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At-Will Employment. Nothing contained in this Agreement shall be construed as guaranteeing Employee employment for any particular duration or length of time, including the anticipated duration time set forth in any Assignment Confirmation or any other document or policy. This employment relationship may be terminated at any time, with or without cause, at the option either of the Employer or Employee, with or without notice

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Really, they never mentioned any minimum tenure for which I have to work to avoid paying any expenses. Actually they never mentioned anytime anyehere about paying expenses for early termination.

I do not understand on what basis they can ask expenses from me, when they can fire me whenever they want..

Because it costs more to deal with the visa issues.

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Quoting fountainhead

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The Employment Agreement Terms and Conditions that you signed with CompanyX, and not this document, govern the terms of your employment with CompanyX.

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I can't see that document from where I'm sitting.

Also, if this is a claim by some sort of headhunter based in your nation of origin, in relation to their finding you a job with a U.S. sponsoring employer for your H1B visa, then you will have to resolve your issues under the laws of your nation.

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Quoting badzombie

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If the employer incurred expenses because it relied reasonably on your promise to work for them then yes, they can recover any damage you cause them.

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No, that is not how things work. Absent a contractual basis to recoup expenses from an employee, with any such claim being subject to state law limits, an employer could invest $millions in recruitment and training and face bankruptcy if an employee were to quit, but have absolutely no claim against the employee for resigning.

I am already in USA, just changing employer.
That's my point, they must have invested and spend on prepping my hiring but there is nothing mentioned regarding the repayment of expenses if I fail to join or quit on first day or until end of contract.

Only points which I am concerned about is mentioned below(money owned mentioned in compensation pt) as one of the point of Employment Agreement Terms and Conditions. If I never agreed to pay any fees for visa or anything, can they legally ask me that expenses? How can I owe if I never agree to pay and they never demanded.

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Quoting Employment Contract Excerpt

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2. Term. Employee's employment is expected to commence on the anticipated start date on the Assignment Confirmation and shall continue in effect unless and until such employment is terminated as provided in paragraph 6 of this Agreement. Employee agrees that, in the event that Employer's client for which Employee is scheduled to perform Services informs Employer, prior to the above-stated date on which Employee's Services are scheduled to commence, that the commencement date is being postponed, then Employer will orally inform Employee immediately and Employee agrees that he/she will commence performing Services on the revised commencement date as determined by the client.

3. Compensation, Time Records, and Deductions. Employer agrees to pay Employee in accordance with the attached Assignment Confirmation. For each assignment, Employee will record on Employer's prescribed time record, and in accordance with any procedures established by Employer, Employee's hours worked on each day during each work week, and shall obtain on each time record Client's signature or approval confirming and approving the hours worked by Employee. Employee agrees that such Client approved time record shall be conclusive as to time worked each day by Employee. Employee further agrees that he/she is responsible for ensuring that such approved weekly time record is received by Employer. Employer may elect to modify these procedures (including without limitation its payroll schedule and time record process), orally or in writing, and Employee agrees to be bound by any such future modifications. Employer shall deduct amounts from Employee's compensation only as authorized by applicable law, including amounts attributable to all applicable income tax withholding and Federal Insurance Corporation Act (FICA) tax withholding and benefit and other withholdings or deductions as authorized by Employee. Employee understands and agrees that any amounts owed by him/her to Employer at the time of the termination of Employee’s employment with Employer, including, but not limited to unpaid advances, training expenses, or any other fees, expenses or monies that may be owed by Employee to Employer, whether such termination of employment is caused by Employee or Employer, may, at Employer’s direction, be deducted from any monies owed by Employer to Employee, including any salaries, bonuses, commissions, wages, or expenses. Further, Employee agrees to pay any balance owing to Employer after the deduction has been made within thirty (30) days from the date of the termination of employment, after which time Employee shall be responsible to pay all costs and attorney’s fees which are incurred by Employer in the collection of such amounts....

6. At-Will Employment. Nothing contained in this Agreement shall be construed as guaranteeing Employee employment for any particular duration or length of time, including the anticipated duration time set forth in any Assignment Confirmation or any other document or policy. This employment relationship may be terminated at any time, with or without cause, at the option either of the Employer or Employee, with or without notice.

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Quoting Mr. Knowitall

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No, that is not how things work. Absent a contractual basis to recoup expenses from an employee, with any such claim being subject to state law limits, an employer could invest $millions in recruitment and training and face bankruptcy if an employee were to quit, but have absolutely no claim against the employee for resigning.

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That is not the situation here. You are ignoring the doctrine of detrimental reliance. While a person can quit at any time, if they promise to take the job and create expenses for their employer as a result, they cannot renig on their promise to show up without consequence. That's basic common law contract material. And contracts are indeed primarily governed by common law.

For example, if I accept an employment offer, the company flies me and my wife to their location for house-hunting purposes, they pay Mayflower to move my household goods to the new location, and then I tell them, sorry, I'm not taking the job, they darned well sure can come after me whether my employment contract says so or not.

This is not a resignation - it is a refusal to perform on a contractual commitment. If I take the job and quit the next day, then yes, they would need something contractual to recoup their expenses. Refusal to perform on a contract is not resignation.

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Quoting badzombie

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That is not the situation here. You are ignoring the doctrine of detrimental reliance. While a person can quit at any time, if they promise to take the job and create expenses for their employer as a result, they cannot renig on their promise to show up without consequence. That's basic common law contract material. And contracts are indeed primarily governed by common law.

For example, if I accept an employment offer, the company flies me and my wife to their location for house-hunting purposes, they pay Mayflower to move my household goods to the new location, and then I tell them, sorry, I'm not taking the job, they darned well sure can come after me whether my employment contract says so or not.

This is not a resignation - it is a refusal to perform on a contractual commitment. If I take the job and quit the next day, then yes, they would need something contractual to recoup their expenses. Refusal to perform on a contract is not resignation.

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You've read the OP's contract? What does it actually say?

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Quoting badzombie

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That is not the situation here. You are ignoring the doctrine of detrimental reliance. While a person can quit at any time, if they promise to take the job and create expenses for their employer as a result, they cannot renig on their promise to show up without consequence. That's basic common law contract material.

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You are, of course, dead wrong. Please -- go right ahead and find us a case from any jurisdiction that backs up your nonsense. We won't hold our breath while we wait.