coryashton Posted August 25, 2017 Share Posted August 25, 2017 Is there anyone on here who can offer some legal advice? Currently in a situation with my ex employer who is claiming I owe him money for my flight to Oz and hotel accommodation for my first fortnight in Oz. Threatening me with legal action, debt collectors, police etc trying to put the frighteners on me...also turned up at my current employer and I'm pretty certain he's been to my house although I was out at the time. Feel free to drop me a PM. Cheers! Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
calNgary Posted August 25, 2017 Share Posted August 25, 2017 Do you have a contract and if so what is written in there about flights etc? Sometimes an agreement is made between (normally) sponsered migrants and their new employer stating if if they wish to return the employer is responsible for paying flights etc , so unless he had something written into your contract or you came to some agreement about paying, i would guess he is clutching at straws. What visa are you here on ? Cal x Quote Link to comment Share on other sites More sharing options...
coryashton Posted August 25, 2017 Author Share Posted August 25, 2017 I've been over the contract several times and through emails and there's nothing I can see in regards to money being paid back if I leave the company before a set amount of time.I'm currently on a WHV but I will be sponsored on a 457 by the company I'm currently working for. He's threatened to tow my car away which I know he has no authority to do and the latest one he's come up with is that he will go straight to my current employer and get them to debit the money from my account which again I know he has no authority to do.Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Parley Posted August 25, 2017 Share Posted August 25, 2017 (edited) What are the facts ? Did he pay for your expenses to move here and you immediately resigned when you got here ? (as you say you have only been here 2 weeks). While it sounds unethical what you have done, it might not be illegal. He would probably have to bring a civil case against you. Edited August 25, 2017 by Parley Quote Link to comment Share on other sites More sharing options...
coryashton Posted August 25, 2017 Author Share Posted August 25, 2017 They paid for my flight over and first 2 weeks accommodation until I found a house to move into. I was with the company for 2 months before moving over to another company. Sent from my iPhone using PomsinOz Quote Link to comment Share on other sites More sharing options...
Parley Posted August 25, 2017 Share Posted August 25, 2017 I'm not a lawyer but if someone spent thousands on your transfer to Australia I think they have a reasonable expectation you will work for them for a much longer period than 2 months. But unless they sue you for the money then I'm not sure legally ahwat they can do. 3 Quote Link to comment Share on other sites More sharing options...
Quoll Posted August 25, 2017 Share Posted August 25, 2017 You could just pay him. It sounds like you rather did the dirty on him. 5 Quote Link to comment Share on other sites More sharing options...
Guest Posted August 25, 2017 Share Posted August 25, 2017 I'm sorry i tend to agree with both what Quoll and Parley have said imo you have not acted in an ethical manner and yes have somewhat done the dirty on him. I'd be a little annoyed had someone done this to me given the money that has been paid out for your benefit. Saying all that i'm not sure there's much legally he can do. I doubt he will be so forthcoming to another employee after this experience. Quote Link to comment Share on other sites More sharing options...
LouDYorkie Posted August 25, 2017 Share Posted August 25, 2017 I agree with the others that it doesn't seem morally right and I would suggest this is easily resolved by paying them out whether outright or as an agreed weekly amount.It isn't right though for them to turn stalker and menace. You asked for advice and so further to the moral advice of 'Pay them back', there are anti-stalking laws in QLD so I presume other states too should you feel it necessary to go to the police. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted August 25, 2017 Share Posted August 25, 2017 I will just add you may have had a legit reason to leave( as in they were diabolic to work for or something else) and seek employment elsewhere other than the other employer was offering more money. In which case it may not be so straight forward however if the original employer held up to what he said i think the best course would be to pay back what he paid out even if it's a weekly amount. Just morally i would offer at least something. Just how i would do things. Quote Link to comment Share on other sites More sharing options...
Guest Posted August 25, 2017 Share Posted August 25, 2017 Tend to agree with the others re the repaying. You only stayed 2 months or less in the job, I'd expect the former employer would be peed off and expect/want their money back. Also, if you plan to be in Aus in the longer term (ie at least the new few years) surely you don't want the worry/stress of a possible claim in court or anything else. And to your new employer is probably isn't a good look, you being chased for a couple of thousand $$ by a former employer that you only stayed with a very short time. If I was your new employer I'd be wondering what to think tbh. Quote Link to comment Share on other sites More sharing options...
Mcguinnessp1968 Posted August 25, 2017 Share Posted August 25, 2017 6 hours ago, coryashton said: They paid for my flight over and first 2 weeks accommodation until I found a house to move into. I was with the company for 2 months before moving over to another company. Sent from my iPhone using PomsinOz if I was you I'd have paid back the flight money when I left Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 25, 2017 Share Posted August 25, 2017 9 hours ago, coryashton said: I've been over the contract several times and through emails and there's nothing I can see in regards to money being paid back if I leave the company before a set amount of time. I'm currently on a WHV but I will be sponsored on a 457 by the company I'm currently working for. He's threatened to tow my car away which I know he has no authority to do and the latest one he's come up with is that he will go straight to my current employer and get them to debit the money from my account which again I know he has no authority to do. Sent from my iPhone using PomsinOz Its incredibly unusual for an employer to pay for a WHV holder to move out to oz. For a start you can't stay with them for longer than 6 months so why on earth would they invest money on you? Did the employer actually realise the limitations of your visa in the first place? Quote Link to comment Share on other sites More sharing options...
starlight7 Posted August 25, 2017 Share Posted August 25, 2017 I am wondering why you left that employment so quickly. Maybe there was a good reason for it( I hope so). if not, then the decent thing to do would be to pay at least some of the money back. If nothing else it would stop the threatening behaviour. Quote Link to comment Share on other sites More sharing options...
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