Is it legally permissible to back out of an employment opportunity after accepting and signing an offer of employment?

UPDATED: Mar 17, 2012

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Is it legally permissible to back out of an employment opportunity after accepting and signing an offer of employment?

The company has invested some money to transfer my H1B visa.

Asked on March 17, 2012 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have accepted an offer of employment and signed the offer letter (or similar document), you are most likely contractually obligated. In addition, when party 1 spends money (such as in regards to the visa) based on the representations or promises of party 2, party 1 may be entitled to enforce party 2's promises and/or seek compensation for its expenses. In either event, it is likely from what you write that if you try to "back out" of the job, that  the employer could at least seek recovery of its expenses from you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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