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Ethics: a company goes back on its promise to pay interview travel expenses?

13 点作者 Amanjeev大约 15 年前
This is just an honest question. Please advice.<p>I had an interview with a company in Herndon VA. Its a software company and I was being interviewed for an open position there. I live in Manchester, NH. I was told that they will reimburse up to $750 of the travel expenses. I was given only 1 day notice to be at the interview. I understand that I could have negotiated the interview date, but thinking that:<p>1. They are paying up to $750, I might be able to make it. 2. The program manager apparently had only that time slot available in the entire week (who apparently did not show up).<p>So, I said I will be there. I had cleared three phone interviews so far. This was supposed to be the final in-person interview. Unfortunately, I was not selected even though I do feel my interview had gone well.<p>So, in such a short notice, I booked a flight and a car and the cost came out to be around $700. I submitted my expense report and receipts later and was told to wait till the payroll runs. I followed up after a month and they said they cannot process it because it is too much of an amount. I sent the finance personnel the email sent by HR that they have up to $750 for me.<p>Then he called me and started to haggle/bargain this price with me. I do not have a job at present and I hope people here at HN know what is it to be jobless and still take out close to 1000 bucks.&#60;p&#62;It has been 2 months now and despite my several emails, they do not even reply.<p>What are the ethics here? I have original receipts and I have their emails.<p>What should I do?<p>Am I right in asking them that reimbursement as they had promised?

7 条评论

bonsaitree大约 15 年前
The ethics are clearly in your favor, but it's highly unlikely that formal legal actions will result in any net dollar gains on your part. I'll explain.<p>Assuming you've completely exhausted casual diplomatic channels, I would firstly send out a formal "letter of demand" (registered return receipt) which includes an itemized list of your expenses, copies of your receipts, the relevant correspondence, and "pay-by" date (usually 30 calendar days from post-mark). Think of it as if you're formally presenting your case to a judge, but that judge is pre-disposed to rule against you. Be thorough.<p>Legally, assuming you have documentation to back-up their $750 budget, their request for your physical presence, and your $700 of expenses, it looks like a clear case of "breach of contract".<p>The only flimsy legal leg the company might have to stand on is if the particular HR representative didn't have "agency" to represent the company in your travel reimbursement negotiations (highly unlikely since it seems as if you've already spoken directly with someone who's post-facto implied such an agency by haggling).<p>I live in Northern Virginia just south of Herndon. FWIW, IANAL, but as a business owner, home owner, and investor, I have more than a passing personal expertise in VA commercial contract law at both the small-claims and general district court level.<p>If, after the formal demand letter, they don't pay-up and you still wish to pursue formal channels, the amount falls under small-claims statutes. Technically, you'll be filing for a "warrant in debt" [PDF] <a href="http://tinyurl.com/2fk54ce" rel="nofollow">http://tinyurl.com/2fk54ce</a> rather than "breach of contract". This is both good and bad. It's good since the current general case docket in VA right now is about 10 months.<p>It's bad in that, as a person, you MUST represent yourself in small claims court in VA. Only a company has the "luxury" of formal in-court legal counsel under small claims in VA. At the minimum, you're going to incur a risk that your additional filing and travel expenses to/from the hearing itself may not be included in the final judgment (most of the time they aren't). Nevertheless, you'll want to include them for possible liens, etc. Much like taxes, don't be afraid to itemize. Since it seems that some time has past already, don't forget to include interest.<p>If the company is not properly registered in VA (check here <a href="https://sccefile.scc.virginia.gov/" rel="nofollow">https://sccefile.scc.virginia.gov/</a> ) you'll have to file suits against its owners. One other "gotcha" that particularly litigious companies will often try to do is opt for a formal transfer of your case to the normal civil docket. If they're already paying retainers for legal representation, it costs them essentially nothing to try.<p>Amortize these formal efforts over time. I suspect that your individual attention is worth far more than the resulting hourly rate.
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mattm大约 15 年前
Perhaps they didn't hire you because they are having money troubles? It sounds like that could be a problem with them.<p>People will generally do something if it becomes more of a problem for them NOT to do it. You said it's been 2 months and you've ONLY sent "several emails."<p>You need to set aside 15 minutes per day and call them every single day until you have your money. You need to become a big pain in their ass so much that they know that at 11am they are going to receive a call from you asking where your re-imbursement is. Don't email because they can easily be deleted. You need to phone and be polite but firm.<p>You are definitely right here to get this money.
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jacquesm大约 15 年前
Mail them that if they don't re-imburse you promptly that you will name them publicly ?<p>They can't really fire you and they won't be hiring you. I don't expect they'll be suing you (but that's always a chance).<p>If I were them I'd pony up.<p>If you have it in writing get a (friendly, so it won't cost you more $) lawyer to write them a nastygram first ?
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arethuza大约 15 年前
Be very pleased that you <i>didn't</i> get a job there - if they treat job applicants like this they will probably treat their employees just as badly.
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coryl大约 15 年前
Wow, ask them to pay you what you're owed and what they promised, absolutely and finally. If they still beat around the bush, remind them about the reputation of their company and how you feel that the public disclosure of the way they treated you would not benefit their recruitment.
staunch大约 15 年前
You are absolutely right in forcefully requesting the refund. They're jerks for making you ask twice.<p>Absolutely do not threaten them in anyway. Do out them in public if they don't make it right.
JeffL大约 15 年前
Isn't this a good case for small claims court?