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  1. #1
    Join Date
    Jun 2015
    Posts
    4

    Default When Can an H1B Worker's Employer Seek Damages for Resignation

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

    I resigned when I was in bench and sent resignation notice to my previous employer and requested to provide reliving date with the intention to serve 2 week notice period. But previous employer replied that my H1 is withdrawn immediately. In this case, is there any legal ground to take legal action against me to recover any damages as I violated the 2 week notice?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: When Can an H1B Worker's Employer Seek Damages for Resignation

    If the sole issue is that you were to give two weeks notice, from what you have told us you gave that notice and it was your employer's decision to terminate your employment immediately. That's not something for which the employer has recourse against you.

  3. #3
    Join Date
    Jun 2015
    Posts
    4

    Default Re: When Can an H1B Worker's Employer Seek Damages for Resignation

    Thanks for your reply. I wanted to clarify clearly.

    I sent resignation notice that "Please consider my resignation date from today on-wards and communicate the relieving date." But employer replied that your H1 is withdrawn today on-wards. Never asked about 2 week notice period. After 6 weeks later, employer's lawyer sent an email that i haven't give proper 2 week notice period.

    Is there any chance to do legal recourse against me?

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: When Can an H1B Worker's Employer Seek Damages for Resignation

    HAve your employment documents reviewed by an attorney. Your rights and responsibilities cannot be determined by you posting a general question on a forum. Expect to pay the attorney.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Can an H1B Worker's Employer Seek Damages for Resignation

    I can't read any of your contracts from where I'm sitting, so I have no way of telling you what you have committed to do, what contractual basis your employer has for imposing any sort of consequence, or whether that consequence is consistent with the law. You will need to have your documents reviewed by a lawyer.

    Meanwhile, unless you're already working for a new H1B employer or have found another way to obtain and maintain lawful status, you need to return to your nation of origin.

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