Can employer sue employee for at will employment but not in favor of employee for 2 weeks notice?
Sir,
I am a software engineer working in Allentown,PA.My employer has a registered office in OH.I started working in the first week of July.My employer filed my H-1B visa at the same time.
I had signed a contract which was at will except for the fact that that I had to give my employer 2 weeks notice(@$1000 damages a day).I have now got a better job and given him 7 days notice.
He had sponsored my relocation including airfare,H1-B fees,car rental and hotel for 2 weeks.But I did not sign any relocation agreement.
My question is can he sue me to get relocation expenses?And can he sue me to pay him for the 3 days of notice which fall short.
Sincerely hoping to get a reply from you.
Answers (1)
Mr. Klingshirn:
Without reviewing your contract, I cannot answer your question. If your contract was at-will with no other payment to you, then it is likely that the $1000 a day damages are unenforcible. Again, without reviewing the contract, I am just speculating.
With regard to the money invested in relocating you, it is also unlikely that the employer could sue you. However, I cannot provide an absolute answer without reviewing your employment history and whatever representations and agreements, if any, were made between you and your employer.
Christopher E. Ezold
Nancy O'Mara Ezold, P.C.
401 City Line Avenue, Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
posted by Christopher Ezold | Aug 12, 2002 11:08 AM [EST]
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