Quiting Job in USA

[9raj9]

Hi,

I am working for a company A through H1B Visa, I got a offer from company B and they are ready to transfer my H1 Visa.

Issue is:

1) Company A is deputed me from India to US. Company has a policy which says "Employees who deputed from India cannot resign at US". If I resign from here with two weeks notice period they will not accept my resignation and they will not provide my final settlement(might be pending salaries), Relieving documents, etc., Is there way to tackle this situation?
2) Because,I have read the company policies which says "I need to go India for Resigning and need to serve notice period(three months) according to the India Offer letter". Is it applicable because some company Documents shows as Am US Employee? Can I take this legally through any US labor laws to get all my belongings (pending Salary, service letters, etc.,)?

Requesting HR persons and Managers regarding this is useless, because they will point out as "Company policy say Employees who deputed from India cannot resign at US". I need to get the Documents anyhow, Please help me to get out of this issue.

Note: Service letters are not required for US companies but after some years(3 or 5 years) later if I am going back to India, All the companies in India mainly requires the service letters(Releiving letters).

Kindly please help, this will help many peoples who is struck like me.

Thanks,
Raj.

[raghvi]

Hi,

I am working for a company A through H1B Visa, I got a offer from company B and they are ready to transfer my H1 Visa.

Issue is:

1) Company A is deputed me from India to US. Company has a policy which says "Employees who deputed from India cannot resign at US". If I resign from here with two weeks notice period they will not accept my resignation and they will not provide my final settlement(might be pending salaries), Relieving documents, etc., Is there way to tackle this situation?
2) Because,I have read the company policies which says "I need to go India for Resigning and need to serve notice period(three months) according to the India Offer letter". Is it applicable because some company Documents shows as Am US Employee? Can I take this legally through any US labor laws to get all my belongings (pending Salary, service letters, etc.,)?

Requesting HR persons and Managers regarding this is useless, because they will point out as "Company policy say Employees who deputed from India cannot resign at US". I need to get the Documents anyhow, Please help me to get out of this issue.

Note: Service letters are not required for US companies but after some years(3 or 5 years) later if I am going back to India, All the companies in India mainly requires the service letters(Releiving letters).

Kindly please help, this will help many peoples who is struck like me.

Thanks,
Raj.

This is mostly an internal Company policy and many companies do have this to safeguard their own interests in people not leaving them after having invested in their visa processing. With that said, I do not think US labor laws can help you much, also, if you really want to get caught between US labor laws Vs Company policy which you were well aware of and signed on before being deputed to US its your decision. If the company decides to not issue you the final relieving papers as well as final salary settlements, PF etc they may well be within their rights as that was signed by you while you were in India. There are numerous threads on this especially with Indian IT Companies. Check with your employer policy, if there is clause that you can pay the 3 Month notice period that may be a way out by resigning while in India and paying out the notice period. Or ask the next employer to wait for 3 Months while you serve the notice period.

This is my opinion not legal advice.