Want decline a signed offer letter with $5000 bond

K

kapeskittu

New Member
Jurisdiction
New York
I signed an offer letter with employer which mentions i need to pay $5000 towards immigration charges. I believe that they sint file any H1 transfer yet and although if filed therebis no LCA receipt number received from USCIS. I want to withdraw from the offer and dobt want to pay any money .What legal issues i will face if i withdraw from the offer without paying any money mentioned in the offer letter ?
 
If you haven't actually starting working there and your prospective employer hasn't yet incurred any costs you should be OK.

No guarantees, though, since I haven't read the offer letter and don't know if you signed anything obligating you to anything.

Perhaps you can post more details about the job and the agreement.
 
adjusterjack said:
If you haven't actually starting working there and your prospective employer hasn't yet incurred any costs you should be OK.

No guarantees, though, since I haven't read the offer letter and don't know if you signed anything obligating you to anything.

Perhaps you can post more details about the job and the agreement.
Click to expand...
Hi there is no bond as $5000 but it is mentioned as below in offer letter at the end :
13. In addition, if the employee should withdraw from employment after acceptance of offer or before 3 months of the project start date, employee is required to reimburse company to the amount of $5000 for all expenses incurred by company on behalf of employee such as immigrations.

Let me know if this point in offer letter legally valid.

Thanks.
 
The point is certainly legally valid. But whether it obligates you to anything needs more detail. So please answer the following questions one by one.

1 - Exact date of the letter?

2 - Exact date of the start of the "project"?

3 - Have you started working for this employer? If yes, what date?

4 - What, if anything did you sign in response to the offer letter? If you signed something, describe it.
 
adjusterjack said:
The point is certainly legally valid. But whether it obligates you to anything needs more detail. So please answer the following questions one by one.

1 - Exact date of the letter?
10/24/2016
2 - Exact date of the start of the "project"?
11/10/2016(tentative)
3 - Have you started working for this employer? If yes, what date?
I never started working with this employer. I am still with my actual employer before accepting this offer.
4 - What, if anything did you sign in response to the offer letter? If you signed something, describe it.
Click to expand...

I just signed at the end if the offer letter.
 
You avoided the other three questions.

Once you've answered them I'd like to read the offer letter if you can make a copy, cross out your identifying information, then scan it and upload it to this thread.
 
adjusterjack said:
The point is certainly legally valid. But whether it obligates you to anything needs more detail. So please answer the following questions one by one.

1 - Exact date of the letter?

2 - Exact date of the start of the "project"?

3 - Have you started working for this employer? If yes, what date?

4 - What, if anything did you sign in response to the offer letter? If you signed something, describe it.
Click to expand...



1 - Exact date of the letter?
10/24/2016
2 - Exact date of the start of the "project"?
11/10/2016(tentative)
3 - Have you started working for this employer? If yes, what date?
I never started working with this employer. I am still with my actual employer before accepting this offer.
4 - What, if anything did you sign in response to the offer letter? If you signed something, describe it.
I just signed at the end if the offer letter
 
Without reading all of the terms and conditions of the letter all I can say is I think you would be safe in declining the offer.

But do it now, in writing and hope that the prospective employer has not yet incurred any costs.
 
adjusterjack said:
You avoided the other three questions.

Once you've answered them I'd like to read the offer letter if you can make a copy, cross out your identifying information, then scan it and upload it to this thread.
Click to expand...
1 - Exact date of the letter?
10/24/2016
2 - Exact date of the start of the "project"?
11/10/2016(tentative)
3 - Have you started working for this employer? If yes, what date?
I never started working with this employer. I am still with my actual employer before accepting this offer.
4 - What, if anything did you sign in response to the offer letter? If you signed something, describe it.
I just signed at the end if the offer letter

Attached the offer letter with this reply. i signed it and sent them.
 

Attachments

  • W2 CONTRACT EMPLOYEE OFFER - Krishna Prasad.pdf
    369.6 KB · Views: 2
adjusterjack said:
Without reading all of the terms and conditions of the letter all I can say is I think you would be safe in declining the offer.

But do it now, in writing and hope that the prospective employer has not yet incurred any costs.
Click to expand...
attached the offer letter with this reply which i signed and sent later.
 

Attachments

  • W2 CONTRACT EMPLOYEE OFFER - Krishna Prasad.pdf
    369.6 KB · Views: 1
I call your attention to the following sentence in Paragraph 7:

"The Agreement will be in effect from the date the contractor joins the contract at client site only"

That tells me that the contract itself is not effective until the day you start working at the client site. Which means that neither party is obligated to the other for any of the terms of the agreement until that occurs.

It's also unlikely that the employer would incur any costs regarding immigration until you actually started working.

I'm even more inclined to think that it's safe to cancel now.
 

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