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Quitting a job before you start (F-2)

 
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Scouse Mouse



Joined: 07 Jan 2007
Location: Cloud #9

PostPosted: Wed May 28, 2008 10:42 pm    Post subject: Quitting a job before you start (F-2) Reply with quote

I have an F-2 visa and have recently accepted a new job. I am to start in July and I have signed the contract.

I have just had an awesome opportunity present itself, which I would be a fool to turn down. What will happen if I decide I no longer want the first jobl?

No recruiters were involved in filling the first position. It seems like a good job, but the second one is much better (else I would not even consider changing my mind). Could there be any legal issues if I break a contract that has not yet started, or am I free to tell the employer I no longer want the job?
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Netz



Joined: 11 Oct 2004
Location: a parallel universe where people and places seem to be the exact opposite of "normal"

PostPosted: Thu May 29, 2008 12:25 am    Post subject: Reply with quote

What does the contract say?

Does it have any stipulation for termination by either party?

You can do whatever yo want, but so can they, like hire a lawyer. That's pretty unlikely, but again, it would depend on what was actually written on the peice of paper you signed your name to.
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Scouse Mouse



Joined: 07 Jan 2007
Location: Cloud #9

PostPosted: Thu May 29, 2008 12:30 am    Post subject: Reply with quote

Netz wrote:
What does the contract say?

Does it have any stipulation for termination by either party?

You can do whatever yo want, but so can they, like hire a lawyer. That's pretty unlikely, but again, it would depend on what was actually written on the peice of paper you signed your name to.


I wasn't sure when I wrote this post as I was at work. I have just arrived home and checked my contract. Apparently, should I terminate before the contract date, I am liable for all expenses incurred by the employer such as recruiter fees, E-2 visa fees, and airfares paid. I was employed direct with no recruiter, no airfare, and no E-2 required, so I guess I am free to do as I please Smile
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Thu May 29, 2008 12:42 am    Post subject: Reply with quote

Take the new job and notify the other employer that you won't be taking his position.

Since there are no out of pocket expenses for your employer as a direct result of your accepting the job there is no loss on the part of the employer and no requisite for you to begin work.

You are protected against being forced to work under section 7 of the labor standards act.
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Mr. Pink



Joined: 21 Oct 2003
Location: China

PostPosted: Thu May 29, 2008 5:01 am    Post subject: Reply with quote

I was in the same situation...I just told the first job that sorry, I couldn't work for them. I, like you, also found something better a month before I was due to start. IMO a 1 month notice is a fair deal considering we don't really have to give them that.
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Faunaki



Joined: 15 Jun 2007

PostPosted: Thu May 29, 2008 7:11 pm    Post subject: Reply with quote

Mr. Pink wrote:
I was in the same situation...I just told the first job that sorry, I couldn't work for them. I, like you, also found something better a month before I was due to start. IMO a 1 month notice is a fair deal considering we don't really have to give them that.


Me too, don't worry about it.
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Scouse Mouse



Joined: 07 Jan 2007
Location: Cloud #9

PostPosted: Fri May 30, 2008 1:00 am    Post subject: Reply with quote

Thanks to all that responded. Hopefully this new position will work out (I should find out on Monday), and if it does I will be very very happy!

I feel bad about letting the new boss down (if indeed I do), and would like to offer to help him out by working p/t until he finds someone permanent, but I guess that could cause more problems than an outright lie every would.
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Faunaki



Joined: 15 Jun 2007

PostPosted: Fri May 30, 2008 2:36 am    Post subject: Reply with quote

Don't feel bad about it. I wasn't going to take a good job because I had promised I would do a different job but I took the better one instead. When I called the other job I had promised - the boss tells me, oh that's good cause not as many classes opened as expected so we wouldn't have been able to give much work anyway.

Take care of yourself, don't worry about anything else.
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