Employer Termination Guidelines Question

[kiloman]

My previous employer never notified me in advance nor gave any letter just before or after termination. They simply called on Feb 8 and told me today is my last day. Also, they have not paid me after Feb 8 while CIS received the letter of revocation on Feb 21.

Am I not supposed to be paid until Feb 21? Neither they notified me about revocation nor gave me ample time to transfer my H1. Is that under DOL/CIS guidelines? Can an action be taken on this?

[SameerH1Bworker]

Nope, there is no such guideline. If you employment agreement is "at-will" then employer can layoff/fire without notice & employee can also leave without notice. It all depends on employment agreement. Also, employer has to pay untill your last day which is Feb 8, they're not obligated to pay if they notify USCIS late.

Moreover, if you're not transfer your H1B or filed COS then you might be accruing out of status days.

Better to contact qualified attorney ASAP.

[wiweq]

Nothing happened wrong with you. In USA job termination can be done without any notice, no matters you are H1b holder of USC. If you are on H1b and got lid off you should be getting return ticket to India, and of course salary till Feb 8. If they deny paying you any of these file WH4 on your state's DOL website. At the moment you got the news of your lay off, you should have left USA or done COS to other status like H4, F2, B1/2 etc. There is no grace period after you are laid off. If you not done COS and staying in USA you are spending out of status days from the day of lay off.

[kiloman]

I was reading on Murthy.com that the employer is liable to pay until USCIS receives the revocation notice, which in my case was Feb 21. Can anyone confirm on that please?

[livliv]

To add to the above, if the employer terminates you before the H1 petition end date, they are legally required to pay for your airfare to home country.

[JoeF]

I was reading on Murthy.com that the employer is liable to pay until USCIS receives the revocation notice, which in my case was Feb 21. Can anyone confirm on that please?

There was a lawsuit, in which the employer was sentenced to pay the salary of a laid-off person for a significant amount of time, because the employer had not informed USCIS about the layoff. Because of that, employers with a clue would nowadays immediately inform USCIS of a layoff.

[wiweq]

"I was reading on Murthy.com that the employer is liable to pay until USCIS receives the revocation notice, which in my case was Feb 21. Can anyone confirm on that please?"

=> Link please.

[kiloman]

My last day of working was Feb 8; the employer sent the revocation letter on Feb 11th and CIS received & acknowledged the receipt of the letter on Feb 21. Can anyone please confirm uptill when I should be paid. Thanks guys...

[kiloman]

"I was reading on Murthy.com that the employer is liable to pay until USCIS receives the revocation notice, which in my case was Feb 21. Can anyone confirm on that please?"

=> Link please.

http://www.murthy.com/news/n_termco.html

Wage Obligation Runs until Bona Fide Termination

©MurthyDotCom

The DOL regulation, which addresses the termination of the wage obligation once it is triggered, states that the employer must pay the required wage until a bona fide termination is effected. The regulation does not define "bona fide termination," but it references USCIS regulations requiring notification upon termination of employment, as well as the payment of return airfare.

©MurthyDotCom

In the case discussed in the January 30th article cited above, the DOL Administrative Review Board (ARB) took a strict view and found that it would be appropriate to assess back wages until the notification was sent to the USCIS. This was a significant determination, since the undisputed termination of employment occurred eight months earlier. Arguably, this goes beyond the requirements of the regulation.

[wiweq]

"My last day of working was Feb 8; the employer sent the revocation letter on Feb 11th and CIS received & acknowledged the receipt of the letter on Feb 21. Can anyone please confirm uptill when I should be paid. Thanks guys..."

=> You should be get paid till the last day of your relationship with your employer i.e. Feb 8. You have nothing to do with USCIS's acknowledge receipt of H1b revocation. Again, H1b is employer's property (and, they have paid for this) and it’s up to them how to revoke, when to revoke or even do not revoke H1b. At the moment employer – employee relationship gone, H1b status is also gone.

But make sure, your employer pays you one way ticket to your home country. It’s law.