Hi!
There is a candidate on H1-B visa, working for a company, who was looking for new jobs. The candidate was offered a job with Company A and accepted the offer, signed the offer letter. The company expedited the visa transfer and it cost the company about $3200. While the procedure was going on, the candidate got another offer with Company B and decided that it is a better option for him/her. The transfer with Company A was complete by the time this happened and the candidate informed the Company A that he/she will not be joining. Now, Company A is upset obviously and is asking for the money spent in the transfer procedure. They are also trying to put pressure on the candidate....mild threats and all..trying to make him/her feel guilty.
I personally think that just like the companies can withdraw offers at any point, even after signing the paperwork, candidates can also decline them at any point. I believe it is a common thing and companies need to understand that and act professionally.
My questions are:
1. Can the Company A sue the candidate?
2. Is there any legal obligation on the candidate of any kind? If so, what are they?
3. Is the candidate legally bound to pay ($3200) for the H1-B transfer to Company A? Or is it, on the contrary, illegal to pay?
Thank you in advance for all the help and advice.
There is a candidate on H1-B visa, working for a company, who was looking for new jobs. The candidate was offered a job with Company A and accepted the offer, signed the offer letter. The company expedited the visa transfer and it cost the company about $3200. While the procedure was going on, the candidate got another offer with Company B and decided that it is a better option for him/her. The transfer with Company A was complete by the time this happened and the candidate informed the Company A that he/she will not be joining. Now, Company A is upset obviously and is asking for the money spent in the transfer procedure. They are also trying to put pressure on the candidate....mild threats and all..trying to make him/her feel guilty.
I personally think that just like the companies can withdraw offers at any point, even after signing the paperwork, candidates can also decline them at any point. I believe it is a common thing and companies need to understand that and act professionally.
My questions are:
1. Can the Company A sue the candidate?
2. Is there any legal obligation on the candidate of any kind? If so, what are they?
3. Is the candidate legally bound to pay ($3200) for the H1-B transfer to Company A? Or is it, on the contrary, illegal to pay?
Thank you in advance for all the help and advice.