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Do I have a case here ?

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  • Do I have a case here ?

    State : VA
    According to my offer, my virginia based employer is supposed to place me in Florida for a specific project and there was a clause to reimburse him the H1 transfer expenses if I quit the job and consent to deduct the money from unpaid wages. I decided to accept the offer based on location, salary, client reputation and skillset match. Just days after I accepted the offer, he notifies me that there is small change in the plan and they want me report to work at Virginia instead. Having already notified my previous employer, I had no immediate option but to go with the wind.

    After reporting to work the first day, I realized they did not land in the contract and placed me in a in-house project what has no relavence to my skill set. I left this employer in 2 months. Now, this employer did not pay me for last two weeks of work and settled that amount aginst the H1 and other expenses.

    Employers argument:
    - Irrespective of the location and client change, H1 reimbursement clause still applies. (There is no such point in the agreement.)
    - We are consulting firm so you are expected to work where ever we ask you to work (In the email exchanges prior to the offer we agreed that he will not do that)

    My argument:
    - I believe the employer breached the contract and I need not bind to the same since my new position is not even reasonably close to what what was discussed and agreed upon. Namely - location, client, skillset
    - I incurred additional expenses to get out of my previous employer to join this company
    - Irrespective of who wins the argument, employer cannot settle the unpaid wages against H1 expenses without paying taxes. It is more than 60 days and the employer delayed responding to me many times.
    - My skillset is grossly misrepresented in H1 petition.

    Now what are my chances ? I would like to see an attorny to get some recommendations and I am not sure what will be the costs and how to go about. Please please advice ..

  • #2
    No one here can comment on a contract they have not read. You will need to show it to a local attorney.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Could you answer this part atleast ?

      Assuming, I am required to reimburse the expenses, are they legally allowed to deduct the money "pre-tax" given that I have a releaving letter stating my last day at work ?


      • #4
        No, these expenses cannot be deducted pre-tax. There must be a specific IRS Code Section that allows pre-tax deductions, and this is not one of them.
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