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  1. #1
    Join Date
    Mar 2015
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    2

    Default Repayment of Immigration Fees and Relocation Expenses on Resignation

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

    I joined company X in November 2014. I signed the offer letter which states that I will have to repay the relocation expenses in case I decide to leave the company before the contract period ends which was listed as 1 year.
    Contract did not talk about repayment of any iimigration related expenses i.e. H1B transfer fee.
    Also, I have a genuine reason to move to other location as my wife got a job in another state and thus I have to gradually find a job at the same location and move. They also listed in the contract that I will have to give 30 days of written notice in case I happen to leave. I have been working for 5 months with the employer.


    Now, my questions are as below -
    I believe CA labor law states that employments in CA are "at will".

    1). Does that really mean that most of clauses in employer's agreement are overriden i.e. employee may be able to leave with a notice of less than what's mentioned in the contract with a genuine reason?

    2). As it's not mentioned clearly in the contract can really employer ask for repayment of any expenses in relation to immigration i.e. H1B transfer without which they can't happen to hire foreign nationals?

    3). Even though I have signed a contract to repay relocation expenses, but given I have been working for them for 5 months can I legally negotiate on the amount?

    Please advise.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Repayment of Immigration Fees, Relocation Expenses on Resignation

    1. Yes - but it doesn't mean that they won't hit you with severe penalties

    2. Unless there is a notable exception, they can't demand that you reimburse them for the H1b costs. BUT. They can indeed demand that you reimburse them for just about everything else.

    3. They have no reason to negotiate with you, and relocation expenses are something the employer can demand.

    Take your contract to an attorney. See what they say.

  3. #3
    Join Date
    Mar 2015
    Posts
    2

    Default Re: Repayment of Immigration Fees, Relocation Expenses on Resignation

    Thanks Dogmatique for the reply.

    Please also suggest if they can deny to pay the vaction time/paid leaves balance for me, if I decide to leave early.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Repayment of Immigration Fees, Relocation Expenses on Resignation

    Quote Quoting ca_user
    View Post
    I joined company X in November 2014. I signed the offer letter which states that I will have to repay the relocation expenses in case I decide to leave the company before the contract period ends which was listed as 1 year.
    Contract did not talk about repayment of any immigration related expenses i.e. H1B transfer fee.
    If your contract provides that you will repay only your relocation expenses, and makes no provision for their claiming reimbursement of any other expenses, then they can claim only relocation expenses.
    Quote Quoting Dogmatique
    View Post
    BUT. They can indeed demand that you reimburse them for just about everything else.
    As long as they have a contract that requires it to be repaid. No contract, no claim.

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