Do I have to repay relocation expenses?

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Do I have to repay relocation expenses?

I’m currently on my OPT and working at a company. We on F1 visa can work for 3 years 1 year for any company and 2 years for only e-verified company. At the time of my hiring, my HR didn’t tell me that I won’t be able to work after 1 year as the company is not e-verified. My company is Fortune 100 company and its e-verified. However, unfortunately it’s not e-verified in the state I work. Now when they started applying for my h1B, the attorney told me that the company is not e-verified and I can’t work here after my 1 year OPT. Therefore, I started looking for another job and I’ll have to leave before completing an year here. They paid my relocation expenses and as per the contract if I leave the company before 1 year, I will have to pay on pro-rated basis. Is there something can be done? I can’t afford to pay that much money as I’m anyways about to loose my job.

Asked on March 9, 2019 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You unfortunately answer your own question when you write "as per the contract if I leave the company before 1 year,  I will have to pay on pro-rated basis." Such a provision is legal and will be enforced according to its plain terms. Your financial situation is not a defense to your obligation: you will have to repay the appropriate pro-rated amount.


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