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  • forced vacations

    I requested a 1 month vacation I am entitled to 2.5 weeks so the rest would be unpaid. This was at the time I had some deadlines. I would miss the deadlines and would arrive on Dec 24. My boss said that he would then want me to return on January because there is nothing happening during the holidays. However, I have read that he cannot force me to take time off. What should I do?

  • #2
    Here is a similar post
    http://www.immihelp.com/forum/showthread.php?t=60415
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      thanks but this person is getting a forced vacation for 3 months

      I am requesting (I want to go for 1 month) and the truth is I will be missing deadlines that are important for my job.

      I will be back during the holidays and my boss requested from me to come back 12 days later than my initial arrival (Dec 24), stating that there is nothing happening then.

      I do want to work when I come back, but he says that it is voluntary - basically forced voluntary, since I am leaving for a month.

      Basically he is saying: you wan to leave for a month then come back in January 4. You want to stay then everything is work as usual you can work on Dec 24 etc.

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      • #4
        I talked to a lawyer and they said that he cannot force me to come back in Jan if I want to come in Dec. I forwarded the lawyer reply and my boss got very mad. I shouted back at him. not good.

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        • #5
          Try to handle the office politics in a different manner. A direct approach is never the preferred route to handle such conflicts.

          No one can force you to take a vacation. You can tell your boss that you will work from home during the period if he doesn't want you to be back at work.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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          • #6
            he said that if I want to take off for 1 month then I should come 6 weeks later after Christmas, otherwise I can stay and work and take 2 weeks of paid vacation during the holidays

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            • #7
              txh1b: I told my boss that I will work from home and he said that I definetely will because I am fired....
              it is at will employment and I just lost my job
              thanks txh1b!!!

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              • #8
                So sorry to hear that. It seems like you have a hard time maintaining cool and being level headed at work/ Being politically correct on your job is very important and a skill. Going against your boss on a conflict, forwarding a lawyers response is something that one should never do.

                If you still want to take it uu against him, you have a retaliation clause that you can use and complain to DOL on a WH4 form. As you brought up something illegal to his notice, he fired you.

                Your boss must pay you return ticket to your home country.

                Good luck finding another job!

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment

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