unlawfully terminated " at will"

[rajpatel123]

I have been unlawfully terminated " at will" without any specific reason. I have not been given my termination letter yet with the reason stated. What should I do? What are the documents I should ask the employer before I leave?

I am on OPT and filed my H1B application.

[jairichi]

I have been unlawfully terminated " at will" without any specific reason. I have not been given my termination letter yet with the reason stated. What should I do? What are the documents I should ask the employer before I leave?

I am on OPT and filed my H1B application.

Either you apply for COS or you have 60 days grace period to leave US. Is your H1B petition approved? If yes, then get a copy of approval notice. This will help a new employer to file a cap exempt H1B petition. If H1B petition is not approved hope that your employer gets it approved and later revokes it. In this way any employer can file a cap exempt H1B petition. Otherwise you have to go through quota again.

[rahul412]

I have been unlawfully terminated " at will" without any specific reason. I have not been given my termination letter yet with the reason stated. What should I do? What are the documents I should ask the employer before I leave?

I am on OPT and filed my H1B application.

All you need is just an exp letter for future use.

[nineballs]

Why do you say, its unlawful. By its nature, "at will" means no need for any reason. The only exemption is that the termination shouldn't be because of any discrimination or revenge. You can ask for an work experience and relieving certiifcate. The HR policies at your work place will define if you will get any compensation for the termination or not.

[t75]

You were not unlawfully terminated if you were an  "at will" employee. They do not have to give you any reason. The termination letter likely will not state a reason.

 

The only thing you can do is find a new job.

 

You need to notify the DSO at your school that you are now unemployed. Check how much time you have towards allowable OPT unemployment.

 

YOU did not file a H1B petition; an employer filed on your behalf and that is a big difference. If they were your H1B sponsor with an approved petition, you should try to obtain a copy of that for your next job to be cap exempt.

 

You need to check your attitude.  Claiming you were "unlawfully terminated by X" can get you into trouble. You need to review the rules and regulations governing employment in the US; you are obviously uninformed.

[JoeF]

Employment in the US is at will. Employer and employee can terminate the employment at any time. There is no reason needed.