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  1. #1
    Join Date
    Jan 2015
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    Default Employer Charges for an H1B Employee Who Quits Without Giving 90 Days Notice

    My question involves labor and employment law for the state of: New Jersey

    Hi,

    My name is Shaf and I'm from India.
    I have a question and was hoping and appreciate if you can answer me on that.
    I came here to US in the month of October 2014 on deputation on H1 Visa, and as all corporate from India make you to sign the bond of $10,000 if you leave them
    without giving 90 days written notice and one month notice after completing one year here in US.

    I know that probably employer bonds are not valid in US. And under any circumstances I cannot be in position to provide them three months’ notice period because
    (1)They will either ask me to return to India and also no outside employer would wait for 90 days,
    (2)They don’t have any intentions to keep me here for one year so that I come under umbrella of being eligible for one month notice period.
    But I can afford to give them 15 days of time as per US laws (which I am hoping is off 15 days).


    I have been associated with this organization from last 8 years in India (XX Pvt Ltd) and few months in US (XX Inc).
    If I don’t adhere to the above agreement they will hold my overall experience letter/ employment tenure certificate, which I would be needing anytime in future for any employer in India.

    The Important points and questions where I need your assistance are;
    (1) Would I be legally able to achieve my experience certificate of (8 years Indian + X Months US) experience certificate from them if I hire and take valuable assistance from a lawyer like you?
    (2) what all documents and proof you would be needing to achieve these letters legally here in US?


    Your prompt and clear reply would be appreciated, since this is the matter of my career and my family who all being provided by the same.


    Thanks
    Shaf

  2. #2
    Join Date
    Sep 2005
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    Default Re: Employer Charges for an H1B Employee Who Quits Without Giving 90 Days Notice

    Quote Quoting shafqatm
    View Post
    I came here to US in the month of October 2014 on deputation on H1 Visa, and as all corporate from India make you to sign the bond of $10,000 if you leave them without giving 90 days written notice and one month notice after completing one year here in US.
    You need to clarify what you mean by a "bond". Are you referring to a bond purchased through an insurance company, or are you referencing a contract between you and your employer that imposes the $10,000 penalty if you resign without giving the agreed amount of notice? If the latter, is it a flat $10,000 no matter how long you have been with the company, or is the amount reduced? How was the $10,000 figure reached -- does it represent, for example, training costs? Does it vary by the company's actual expenses, or is it always the same $10,000 for every employee?

    There's a good chance that a flat $10,000 fee for quitting without giving 90 days (or, later, 30 days) notice, not dependent on any other facts, would be deemed unenforceable as a penalty.
    Quote Quoting shafqatm
    And under any circumstances I cannot be in position to provide them three months’ notice period because
    (1)They will either ask me to return to India and also no outside employer would wait for 90 days,
    You either have a job lined up or you don't. If you have an employer who is willing to offer you H1B work, then assuming they are diligent with their documentation you can remain in the U.S. based on their timely filings -- but if you do not, once you are no longer employed you are expected to return to India.
    Quote Quoting shafqatm
    (2)They don’t have any intentions to keep me here for one year so that I come under umbrella of being eligible for one month notice period.
    Do you have actual evidence that they intend to fire you within the year, or is that mere speculation?
    Quote Quoting shafqatm
    But I can afford to give them 15 days of time as per US laws (which I am hoping is off 15 days).
    Actually, in the U.S. you can quit without giving notice. No state has a law that requires even one day's notice, let alone fifteen days.
    Quote Quoting shafqatm
    If I don’t adhere to the above agreement they will hold my overall experience letter/ employment tenure certificate, which I would be needing anytime in future for any employer in India.
    That's something you will need to discuss with a lawyer in India. It's not a U.S. law or immigration law issue. Employers in the U.S. are not required to give employees any sort of letter of recommendation, or letter indicating their tenure or qualifications.

  3. #3
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Employer Charges for an H1B Employee Who Quits Without Giving 90 Days Notice

    You were aware of the requirements before accepting the assignment in the US but were willing to accept them at the time in order to come to the US - and look for another job. You now need to do what you should have done before signing the contract for the opportunity, consult labor law attorneys in India and the US.

    You can always return to India, resign and wait for another employer to file for your H1B and not worry about what your current employer will do in the US. No US employer is required to provide you with the document you want. If you feel it is essential, you need to comply with the employer's policies.

    And, yes, employers wait 6 months or more for H1B workers. If you have a rare skillset, the employer will wait the 90 days now required.

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