What to do about leaving my employer and liability for repayment of certain fees?

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What to do about leaving my employer and liability for repayment of certain fees?

I got an offer from Company A and asked them to start the visa transfer process. They took around 1 month to initiate my visa process. Just before filing for H1B transfer paperwork, I asked them to cancel as I decided to accept another offer from Company B. I confirmed attorney has not submitted any paperwork to USCIS. They just got an LCA. Now,Company A is asking me to refund legal fees $4000. Since they never filed for my transfer there was no USCIS fees involved. Before starting the whole process I signed an at-will employment letter. Later they also made me signed an amendment which says that if I leave within 12 months for any reason, I will be responsible to pay all costs incurred retroactively. Am I liable to pay this legal fees?

Asked on October 30, 2012 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You are most likely unfortunately going to be responsible for those fees since you had the company begin the process, not only from hiring you but relying on your assertions to begin employment. You may wish to review everything you did sign. If the documentation talks about leaving early, you may be stuck with these fees.


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