Hi, I am on H1B visa working for a company A, I got a offer from Company B and they transferred my H1B visa after I signing there offer. My joining date is 2 weeks from now. Due to personal reasons I will not be able to join the company B. Please also note that the employment agreement with Company B has a clause "If employee voluntarily agrees to leave the company with in a year then employee has to pay the recruitment fee incurred" , My question is : 1. As I have not joined them yet am I still entitled to pay them back the fee incurred ? 2. If so how much I need to return ? (fyi: I believe visa transfer fee would be around $3500) Please let me know the answers.
Exact Lines of the signed contract:
REPAYMENT OF RECRUITMENT FEESIn consideration of the terms of employment and the efforts and costs incurred by the company regarding the recruiting and on boarding of Employee, Employee agrees to reimburse the company for all fees associated with these efforts by the company in the event Employee voluntarily leaves the employ of the company within 1 year."
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.