Employment Law

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I have accepted offer from company A, shared documents for…

Customer Question
Hi, I have accepted...

Hi, I have accepted offer from company A, shared documents for H1 Transfer - They are yet to file a case with USCIS. In the mean time, i'm expecting other offer in day or two from Company B which i'm more interested. Its 'At will' employment. How to tackle this?

Lawyer's Assistant: Have you documented this or discussed it with HR?

No

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Its 'At will" Pieces from offer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

At-Will Employment/Term & Termination: Your employment will commence on your start date and shall continue in force and effect until terminated by either party. Either you or Synechron may terminate the employment at any time and for any reason, as your employment with the Company is, at all times, at-will. Notwithstanding the foregoing, in the event of Synechron’s termination of your employment without cause, Synechron will provide you with fifteen (15) days’ advance notice of termination. It is similarly requested that you provide Synechron with at least 15 days’ advance written notice of your decision to terminate your employment/resign from employment with the Company. Note: As required by applicable immigration and labor law regulations, we will pay all fees and costs associated with the transfer of your existing H1B visa to us. We will not and cannot seek the reimbursement of these fees and costs from our employees as required by law. Please be advised, however, that if after accepting our offer of employment, you in your sole discretion choose either to not start your employment with us or otherwise cancel this offer of employment before your first day of employment, we will not consider you to be our employee or to have ever entered into an employer/employee relationship with us. In this event we will seek, as liquidated damages, the recovery of those applicable fees and expenses as authorized by law.

Submitted: 9 months ago.Category: Employment Law
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Answered in 7 hours by:
9/12/2017
Employment Lawyer: Asad Rahman, Lawyer replied 9 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 2,468
Experience: Practicing Attorney with 10 years experience
Verified

It seems fairly forthright. You can certainly walk away from this offer and I would advise you to notify them asap so that they do not actually expend any money in filing for the H1B transfer. Alternatively as part of your offer with the new company you can seek that reimbursement if you end up having to pay Company A.

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