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wrongful hiring?

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Junior Member
What is the name of your state? New York

In January of this year I came to the New York office of my company as a temporary delegate from Germany. My current contract is in Germany and I entered the US as a "trainee".

Around May I expressed the NY office That I would like to stay in the US and have a local contracts with the company, rather than returning to Germany and they said we should talk some months later.

End of July we talked again and they said tehy could not tell for sure what market conditions would be like next year so they could not tell for sure. I told them I needed a decision because My visa expires September 1st and I needed either to look for another job or return to Germany.

In light iof this, we reached an agreement, documented in an email, that towards the end of Aug we would review again and meet one of the following two decisions:

1. They would give me a local contract for a full-time position at the NY office, starting September 1st and apply for the corresponding Visa,
2. They would apply for a visa and keep me at least for one more project, running most likely until December. This would give me more time (at least 3 months) to find another job either at a different division with the company in the US or with another company.

Because I was counting that I would at least have until December to look for other opportunities I stopped my recruiting efforts. I also told them that because of our agreement I was giving up the renewal of my contract in Germany so that they could fill out any positions as needed there.

Last Friday (Aug 19) They informed me they would not give me a full time position at the NY office and they would not put me into another project, basically leaving me with about 10 days (and a month legal grace period) before my visa expires and I have to leave the US.

This is breaking our agreement because since condition 1 did not apply, condition 2 should. (Putting me into anothe rproject until December)

IS the agreement we made legally binding? Is there any action I can take?


Senior Member
FYI, there is no such thing as wrongful hiring. You may have a cause of action for detrimental reliance but it will depend entirely on the specifics of what you were told and the statements in the emails. In order to determine that, you will need to consult with an attorney in NY.

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