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Kiranzos

Termination notice

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Hi,

My visa is successfully transferred to another employer. I am planning to join the new company in 2 weeks. But my current employer wants me to give 30 days notice as I had signed an agreement, in which it says 30 days of notice an employee has to give. Do I still need to serve 30 days notice or can I give notice of 15 days or less? He also pays 1 month delayed salary? So my worry you if I serve 30days notice he might End up not paying 2 months salary.

Please let me know your advise.

 

Warm Regards,

Kiran

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Desi Consultancies is that what your employer is?...not much he can do...counter him with other allegations like charges for H1B etc and you know more things that they have not followed law.And then he will be fine to let you go and also clear payments.

Make sure to have conversations on emails rather than on phone.

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18 hours ago, Kiranzos said:

Hi,

My visa is successfully transferred to another employer. I am planning to join the new company in 2 weeks. But my current employer wants me to give 30 days notice as I had signed an agreement, in which it says 30 days of notice an employee has to give. Do I still need to serve 30 days notice or can I give notice of 15 days or less? He also pays 1 month delayed salary? So my worry you if I serve 30days notice he might End up not paying 2 months salary.

Please let me know your advise.

 

Warm Regards,

Kiran

Did you sign such a letter that states that you agreed to give a notice of 30 days ? If yes and all conditions of the agreement are met, the employer can legally sue you very easily for damages. Whether they will do it or not is a different thing. 

Delayed salary also seems like a violation of h1b laws. Did you sign any such documents that said you will be paid 30 days late ?

If not, they are probably trying to scare you to get out the last month of profit from you and your client. 

Now, my suggestion to you would be to leave such an employer asap especially when you are on H1b. Whether you give your notice to him or not is trivial.

Consulting a labor and immigration lawyer won't hurt you in anycase. 

 

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18 hours ago, Kiranzos said:

He also pays 1 month delayed salary?

 

Whether you signed an agreement to receive delayed payment or not - You can get them in trouble for "this" forget they suing you about the damages. They got more things to worry.

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2 hours ago, NotAnAttorney said:

Desi Consultancies is that what your employer is?...not much he can do...counter him with other allegations like charges for H1B etc and you know more things that they have not followed law.And then he will be fine to let you go and also clear payments.

Make sure to have conversations on emails rather than on phone.

Shouldn't such violations, if OP is privy to them, be reported to DHS as well? Desi consultancies are considered some of the biggest H1b abusers. 

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1 hour ago, Provence said:

Shouldn't such violations, if OP is privy to them, be reported to DHS as well? Desi consultancies are considered some of the biggest H1b abusers. 

They can be reported to DOL. There is a standard form to report all wage violations.

However, like above 30 day notice agreement is enforceable in most states.

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