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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default L1 Visa, Employer Demands I Return to UK Immediately

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

    I arrived in the USA on a L1A visa which is a intercompany transfer from the UK, my UK employer set up a business and tasked me with the job off running it.
    He agreed to support my case and allow me to apply for my green card, intially I was on a 12 month contract which I am currently 8 months into.

    He has now decided that he wants to pull the plug on it and is demanding I return in the next 7 days, I have a child in school and I also have a pregnant wife who is 28 weeks gone and also works for the company.

    Like I said he is demanding I return in 7 days My doctor has stated that my wife can not fly untill the baby is born which it is due at the end of june as my wife is having a complicated pregnancy.

    I advised my employer of this and he basically is threating me with the sack if i dont return and also my wife.

    Can he terminate my employment under California Law? and just leave me high and dry, there is only me and my wife who work for this company.

    He also as part of the deal pays for my accomadation which he also uses as a business address he still has 4 months to run on this and he said if i dont return he will also evict me from my house.

    Can he legally do this? do I have any rights under California law

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: L1 Visa, Employer Demands I Return to UK Immediately

    California (like 48 other states in the US and sometimes the 49th) is an at-will state. You can quit at any time and for any reason; your employer can terminate you at any time and for any reason not specifically prohibited by law.

    Unless you have a legally binding contract that specifically says otherwise, there is nothing in CA law that would prohibit your employer from firing you if you refuse to return to the UK.

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