"bench period" is legal?

[erzerz]

I am under a TN Visa working as a consultant. My company says that when my contract with the client is over, they will pay me 2 more weeks until I find a new project and then will stop paying me. I will remain staying in US looking for a project but only working in "the interviews" and with no pay.

Is that legal? Does that release me for my contract which states that I have to stay 18 months in the company before be able to quit?

Is that considered as immigration fraud?
What is the best I could do the first day I don't get my payment so I don't get into trouble with the law?

Thanks!

 

[nelsona]

Unlike H1, TN does not have labor Conditions which force the employer to fulfill their end of the employment arrangement.
However this does not absolve YOU of always being legal. It is "legal" for them to pay you whatever they want, whenever they want. What is not legal is your status after the day you stop working. A contract that forces you to do something illegal is not valid. the question becomes whether they are 'forcing" you to stay in US illegally. I don't think so.
You are not quitting, you are being let go, and are no longer in legal TN status the day you stop working, whether or not you get severance or notice paid or whatever. What is the firm going to do to you if you leave the country (to avoid illegal stay), or get another job, to stay in US legally?

I would assume they would do nothing, nor can they. Find another job if they don't find you a new client. I would give them two weeks, but, in my opinion, you are not obliged to.