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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34145
Experience:  Retired (mostly)
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Customer Question

My former employer is demanding visa extension expenses upto 3000 $ and also stating that i kept pushing them for visa extension while i had intention to join some other company they also say that i did breach of non solicitation clause per Virginia law that I cannot join his clientHe also says that he suspects my resume.The issue arose when I left the company.My issue is I informed my former employer on oct 18th 2012 that I have offer letter from the end client and please stop the visa extension process but the representative of the company whom I emailed missed to read my email and they filed extension on 25 oct 2012 which is not my fault.Second I work in evc format that is employer-vendor-end client and I joined end client who does not have any client relation with my former employer.there client was vendor whom I did not join---I need to confirm if this clause is applicable here??My employer is Virginia based but I live in California.both vendor and end client are in California.my new employer is I'd CaliforniaDoes uscis refund fee if application is withdrawn .Do they have a valid case? How should I proceed in this situation they say through email with subject "proceedings to legal notice" and given me time till this Tuesday
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

You will have to provide the text of your employment contract -- especially any agreement concerning the extension.

Thanks in advance.

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Customer: replied 1 year ago.
The contract does not say about the visa fee related to extension
And the employer agreed saying that we don't have anything in writing that says that I have to pay the expenses and as far as I know it is employers responsibility to pay for the visa expenses
Expert:  socrateaser replied 1 year ago.
Then, it would be up to the employer to prove that it relied on some oral or written statement by you that in exchange for the employer's applying for your extension, that you would continue as an employee for at least one month. Otherwise, under Cal. Labor Code 2922, you are entitled to terminate the employment relationship at any time, for any reason, or for no reason at all, and the employer would have no recourse, because it had no reason to expect that you would remain with the employer.

Based on what you're describing, I don't see a cause of action for the employer. Of course, this doesn't mean that the employer can't sue you. But, it does mean that you would have a pretty credible grounds for a dismissal of the case.

Hope this helps.
Customer: replied 1 year ago.
Is there a way I can send you text of my agreement to understand this better as I don't see any way to attach a document ...what about the non solicitation clause? Does it enforce in this case?
The agreement is as per Virginia law and my former employer is also in Virginia..if he sues do I have to attend court in Virginia
In this case California law applies or Virginia law..the agreement in governing law section specifies Virginia law

Expert:  socrateaser replied 1 year ago.
You can upload a copy of the contract to www.mediafire.com and provide a link in your next reply.

Re controlling law, I don't want to comment until I've read the agreement.

Customer: replied 1 year ago.

http://www.mediafire.com/view/?gdo2m02o4jwu41z
Customer: replied 1 year ago.

i shared the link but worried that my contract is confidential and it will not be posted in public forum? please confirm the same

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