Legal Question in Employment Law in Maryland

Seek Compensation from Employer

I am on H1 Visa. I got an offer letter from a prospective employer. I moved interstate based on the written offer. But, due to organizational changes, they are delaying submitting details required to file for my Visa. It is over 3 months now. They are saying, their legal is reviewing the details. I could not work full hours for my earlier emploer, having moved out of my original sate. Now, I want to ask for compensation from the prospective employer for all the sufferings. I do not want their job offer. Can I take legal action on them? How much all the process should cost me? Whom can I approach?


Asked on 2/29/04, 1:33 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Seek Compensation from Employer

Detrimental reliance may be a basis in order for you to recover. Damages will need to be shown and a basis for the agreement such as an offer letter. If you have a contract then this should be reviewed by an attorney.

You may need to bring legal action on the matter and these costs may be prohibitive in terms of your potential recovery.

Your status of immigration at the time of your re-location and pending costs occassioned with the loss of a Visa may be recoverable. Again, this is a matter of the offer or contract for employment.

Without a firm offer you are likely without recourse since Maryland is an "at will" employment law state. This means that employment is at the will and pleasure of each party and each has the power to terminate the agreement without cause.

Call me at (410) 799-9002.

NO OBLIGATION IS ESTABLISHED ON ATTORNEY"S PART UNLESS THERE IS A SIGNED FEE AGREEMENT. ATTORNEY'S REPRESENTATIONS ARE OF OPINION ONLY AND THIS RESPONSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP WITH ANY READER OF ITS CONTENTS.

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Answered on 3/01/04, 6:43 pm

Re: Seek Compensation from Employer

You may have a breach of contract/detrimental reliance claim (in other words, you acted in reliance on the employer's promise to employ you and suffered damages) depending on the offer leter and what was actually promised.

The problem is that unless you were promised employment for a definite period (one year, for example), then you would have been an "employee at will," meaning that you could quit or be fired at any time. So, the employer could have hired you as they said, but then fired you the next day. In that case, it would be almost like never hiring you but you would have no claim. Since the situations are so similar, the courts might say you have no claim now.

In the end result, then, your possible claim depends on what you were promised and what damages you actually suffered. (Loss of a previous job, travel expenses, housing expenses, etc.)

You can make a demand for restitution from the employer, hire an attorney to make the demand, or bring a lawsuit either by your own or through an attorney. My guess is that you will need to do the last in order to get anywhere, but the expense of doing so, not to mention the length of litigation, might not be worth it, especially if your case is not strong.

If you want to review the matter, please call for a free consultation. If it sounds like there is a legitimate claim, I might be able to take the case for a small fee, do some research and make a demand of the employer. I do not know if litigation would be in your best interests.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 2/29/04, 6:02 pm


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