Can an employee break his or her contract, which is renewable every year, if on a J visa status?

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Can an employee break his or her contract, which is renewable every year, if on a J visa status?

Asked on October 30, 2011 under Immigration Law, California

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Employment is at will employment so one can always resign.  However, depending on what the terms of the contract are, the employee may have to pay back certain damages to the employer if breaking the contract before a certain date/time/condition.  It is difficult to answer a general question like this without having the benefit of knowing anything about the type of contract you are talking about so the response is very generic in nature.  If you have specific questions about your particular situation, it would probably be prudent for you to seek a consultation from an immigration and/or labor employment attorney to understand the issues and your options.  Good luck.


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