Individual refusing to payback advance after declining employment

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Individual refusing to payback advance after declining employment

A prospective employee has asked for advance before joining our company. The
person later backed out of employment on the joining date and promised to
payback the advance taken. The person declined employment stating medical
reasons and asked for 2 weeks time to return the money. However, it has been
more than 2 weeks now and the person doesnt answers phone call or emails.
How do we go about getting back the amount.

Asked on April 12, 2019 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue him for the money--that's how you get it back. You sue him based on breach of contract: violating the agreement, whether written or oral, that the money was only an advance against his salary from working, and thus that he was agreeing to work for you at least until the advance was repaid. Also for breach of contract on the similar grounds that an advance is loan--i.e. there is an agrement to repay, which he violated. And for fraud: for lying to you about what he could or would do (work for you). And theft by deception: for stealing the money through deceit, since it is very likely he never intended to work for you. A lawsuit is the only way to get the money back.


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