Is it legally permissible to back out of an employment opportunity after accepting and signing an offer of employment?
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Is it legally permissible to back out of an employment opportunity after accepting and signing an offer of employment?
The company has invested some money to transfer my H1B visa.
Asked on March 17, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have accepted an offer of employment and signed the offer letter (or similar document), you are most likely contractually obligated. In addition, when party 1 spends money (such as in regards to the visa) based on the representations or promises of party 2, party 1 may be entitled to enforce party 2's promises and/or seek compensation for its expenses. In either event, it is likely from what you write that if you try to "back out" of the job, that the employer could at least seek recovery of its expenses from you.
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