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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114041
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Please clarify my query with regards ***** ***** obligation

Customer Question

Hi!
Please clarify my query with regards ***** ***** obligation for return fare expenses when an employee resigned from the organization.
I am currently working on L1-B and serving notice period and I must return back to my home country on the last day of my employment which ends on 31st July as I go out of status past end date. Please let me know the validity of below statement made by my employer and references to legal documents if any
"Under the terms of your LOU, where you resign XXX will only provide a one way economy airfare where “a legal obligations exists”. This means that we would only provide the benefit if under the terms and conditions of being an L-1 visa sponsor the US government made it our legal requirement to pay for you to return home. Under current legislation this requirement does not exist and therefore XXX is not legally responsible for your return to home country at the end of your L-1 visa"
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if an employee resigns from a job, there is no legal requirement (unless there was a written contract to the contrary) that the employee be repatriated to their home country. The fact the employee has chosen to quit or leave employment, there is no US law mandating that the employee be repatriated and any costs of returning home would be on the employee unless the contract stated the employer would pay for returning the employee home and that is not what the above clause says. The above clause says the employer would only pay if the US law said they had to pay.

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