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What action can I take against the company?

Tempe, AZ |

I had been hired by a tutoring company a couple of weeks ago.They now cancelled my offer saying that they cannot hire F-1 visa students,although I had specified this clearly and they had not mentioned this constraint before.I let go 3 other job offers after getting this one.I am jobless now and cannot afford my living expenses.Please help

Attorney Answers 3

  1. I've shared your question with Avvo's immigration law forum, where your question may be seen by more attorneys who practice in this area of the law.

    There is a chance you may have a claim for promissory estoppel. You may have a claim for promissory estoppel, which is recognized by most states. This doctrine allows a court to enforce a promise in the interest of justice if all of the following elements are present:

    -- one party makes a gratuitous promise to another (that is, a promise it was not required to make, such as a job offer); AND
    -- a second party changes its position, circumstances or actions in reliance on that promise (moves, quits another job, etc.); AND
    -- that reliance was reasonable; AND
    -- the second party was harmed due to its changed position, circumstances or actions.

    In a promissory estoppel situation, a court could determine the (potential) employer was at fault for causing you to change your life in the expectation of a job.

    Terms in an offer letter may make a difference. For example, the letter may contain "waffle words," such as "The employer can withdraw this offer at any time" or "This offer does not guarantee employment," or "This offer is contingent on passing a qualifying exam" or other similar language.

    The interactions between the parties are also significant. It is helpful if there are written communications, such as e-mail messages, that show the employer knew you were relying on the promise. For example, if you told the employer that you were resigning your other job, relocating, or making other changes in your life because of your pending employment with the employer, these communications would support a claim for promissory estoppel.

    The devil is in the details, so you must present your facts to an attorney in your state who can give you the dedicated attention your situation deserves. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

  2. Probably nothing. Employment is generally "at will" in most states.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  3. You left out a very, very important fact ..... what kind of work permit, if any, do you have?

    Tutoring is usually not one of the fields that are authorized for CPT/OPT work permits.

    Talk to your foreign student adviser.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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