vb8188 Posted June 17, 2015 Report Posted June 17, 2015 Hi,I am on H1-B Visa and my present employer contract states that I need to provide 30 days notice period, or else I have to pay 25,000 in damages, Also I would like to mention my employer holds the privilege to terminate me at any time without giving me notice or reimbursing me,(to be fair this is very unethical), My employer is located in the state of California, Contra Costa county.my future employer have initiated my H1-B transfer process, on June 11 they provided my receipt number it is in regular H1-B transfer processing. I intend to join my new employer on July 1'st 2015. My question to you guys is, based on the contract condition mentioned above and state I live in (one sided contract) do I need to serve my employer any type of notice before leaving ? Can my present employer can come after me to seek any liquidation damages. SALARY_DAY=(specific date on first week of every month) If I do have to server a notice, can I serve the notice of resignation to my present employer after SALARY_DAY and continue working for new employer from July 1'st 2015) ?I have heard from other folks that my present employer is known to withhold employees pay, not that I witnessed it firsthand, that's the reason why I would like to quit after SALARY_DAY, Also I have noticed that the employer did not provide me any signed copy of contract and the date mentioned in the contract was 1 year from now(can this be considered technicality)I request to please provide me references for your source of information, I would like it to review it myself and then make a move.
jairichi Posted June 17, 2015 Report Posted June 17, 2015 You need to serve your one month notice period. Employer cannot with hold your salary. If employer does then file a complaint with DOL.
livliv Posted June 18, 2015 Report Posted June 18, 2015 Consult a lawyer who has experience in both immigration and labor law. Such contracts are generally not valid in CA.
JoeF Posted June 18, 2015 Report Posted June 18, 2015 Employment in the US is "at will", meaning that both sides can terminate the employer-employee relationship at any time, without any notice. The usual 2-week notice is just a courtesy. Have the contract checked by a labor lawyer.
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