Gurus Pls advise

N

niike

Registered Users (C)
I work for a reputed firm on H1B as fulltime.They screwed my GC process
and now I have found a new employer and want to move out.
As per my fulltime appt order I need to give them only 2 weeks notice
but I have used an extra 7 days of leaves of this year due to emergencies
so I told them inaddition to 2 weeksnotice period I will work without pay for the 7 days or pay back for the extra leaves taken..The comp..is not agreeing
and saying I will not be relieved and will need to work for 2months to get relieved properly...
Pls advise what to do,I dont want to lose this new opportunity and want to
a proper exp/leaving letter from my present employer toosince I spent 3 years with them..Kindly advise...

Thank you
Sol :mad:
 
It is easy...leave

Tell them we will meet in court. It is easy. Once they hear court and labor dept, they start shivering. Tell them you will raise the point of GC process and late paycheck crap to labor dept. That is enough. Stop working nobody can slave you...work at will leave at will.

niike said:
I work for a reputed firm on H1B as fulltime.They screwed my GC process
and now I have found a new employer and want to move out.
As per my fulltime appt order I need to give them only 2 weeks notice
but I have used an extra 7 days of leaves of this year due to emergencies
so I told them inaddition to 2 weeksnotice period I will work without pay for the 7 days or pay back for the extra leaves taken..The comp..is not agreeing
and saying I will not be relieved and will need to work for 2months to get relieved properly...
Pls advise what to do,I dont want to lose this new opportunity and want to
a proper exp/leaving letter from my present employer toosince I spent 3 years with them..Kindly advise...

Thank you
Sol :mad:
Click to expand...
 
Only thing I would add is check your employment agreement. Usually that mentions min. notice period to be given.
rest_2004_free said:
Tell them we will meet in court. It is easy. Once they hear court and labor dept, they start shivering. Tell them you will raise the point of GC process and late paycheck crap to labor dept. That is enough. Stop working nobody can slave you...work at will leave at will.
Click to expand...
 
Gurus..clarify

Thanks for the advise.My notice period is 2 weeks
they want me to work more for the additional leave i took this year.
(I took around 7 days more), I am willing to work 2 weeks notice period
and then the 7 extra leave days without pay..they they are not agreeing
want me to work 2 months to finish a critical project..

Pls advise
 
Your company is screwing you. According to US law, 2 weeks notice is all you need to give, regardless of the emergency leaves. If ther granted you the emergency leaves, that has nothing to do with the 2 week notice. Give them a 2 week notice, perhaps 3 weeks to be a decent guy. That's all you need to do. Your company is just desperate that you are leaving and is trying to make you stay by bluffing.
 
niike said:
thanks for your tips..
Click to expand...

All you need to do is give them 2 weeks notice.. after that they cannot do anything to you.. But see to that you document your 2 weeks notice properly like certified mail or save the copy of the E-mail that you are sending etc., so that in future if you need it they can be produced.

One of my friends went through the whole problem and he came out without any problems..
 
2 weeks notice

Actually, my understanding is that 2 weeks notice is a coutersy. Most of the jobs at at will employment. If the company lays your off, could you ask them to extend the employment so that you could find a job first?
Ask them to send the request through email, use that to screw them if necessary.
Good luck.
 
2 weeks notice

iampppqqq said:
Actually, my understanding is that 2 weeks notice is a coutersy. Most of the jobs at at will employment. If the company lays your off, could you ask them to extend the employment so that you could find a job first?
Ask them to send the request through email, use that to screw them if necessary.
Good luck.
Click to expand...

It all depends.. for most of the professionals its just a courtesy.. but when you have signed a letter when joining the company which stipulates that you have to give them 2 weeks notice then it is mandatory that you give them 2 weeks notice since the company has a signed document with them..

Thats my 2 cents.. Check once again to be sure..

Good luck...
 
2 weeks notice or 2 hours is ur discretion.

Employment is like a transaction, you work and in turn are paid. That is why no employment can be without pay.

Minimum Leaves are determined by labor law.

Notice period is a an extension to employment contract. Every contract in the world can be broken. Employment contract can easily be broken, since employment is at will.
Company can try to claim liquidated damages from you, if you do NOT fullfill the contract, but to do that
(1) They have to show your early departure would cause them material harm.
(2) Skills you have acquired, are so unique to the company's existence, that their impairment on your abrupt departure would cause their business to be under duress.

BUT, above all is natural law, which dictates you work at will and are employed at will, and either can leave the contract with a notice period of 2 weeks, to smoothen the impact to business. And Furthermore, if any employment condition causes you to have hardship in securing the opportunity u desire, that is balatanly against the natural law of right to seek gainfull employment.

7 days extra leave is a benfit company accorded to you, at their own accord in appreciation of your past service. It was not your right, they choose to do so, to retain your services.

My recommendation to you, would be,
LEAVE without ANY NOTICE. Then start from that as a negotiating ground, and may be agree to work a week, if they would give you
(1) Work Experience letter with project details etc.

BTW, it is YOUR RIGHT to recieve a work experience letter from your employer and by labor law they have to provide it to you upon request. They can NOT deny the letter, and you can infact obtain damages against them if they do NOT give you one.

SO my friend, I think, you are worrying unnecassarily, If I were you, I would tell these folks, I am leaving today. Do what you want, and c u in court.

Rgds,
Deepak
 
bajaj_deepak@ho said:
2 weeks notice or 2 hours is ur discretion.

Employment is like a transaction, you work and in turn are paid. That is why no employment can be without pay.

Rgds,
Deepak
Click to expand...

Hi

Can email communication be a form of authentication for employment verification? My employer in India *** says that I have not given enough notice and it is against their policy to not give any experience letter for such employees. HR head has replied to my hotmail address but all the email headers do show that the message originated from his PC at HCL. Can I take a printout of such an email and use it?

Any ideas?
 
Last edited by a moderator:
Email, Verbal, Written document they are all but various means to show proof. A verbal notice is as good as written, if it can be proved that verbal conversation talked about the matter.
Going back to your email question, it is as good as any. But to be on safe side, it would not harm to draft a letter to your company, with cc to your supervisor and on a safer measure, get it notarized by pubic notary.

In the letter, give prior reference to your teleconf, email etc and mention this is your final request to obtain what is your right and you would appreciate if the company abides by the law of the land at a minimum.

Also that you would commence other measure to obtain the work experience letter thru state work agency and DOL, if you do not recieve the work experience letter with in, say, 7 days.

HTH,
Deepak
 
bajaj_deepak@ho said:
Email, Verbal, Written document they are all but various means to show proof. A verbal notice is as good as written, if it can be proved that verbal conversation talked about the matter.
Going back to your email question, it is as good as any. But to be on safe side, it would not harm to draft a letter to your company, with cc to your supervisor and on a safer measure, get it notarized by pubic notary.

In the letter, give prior reference to your teleconf, email etc and mention this is your final request to obtain what is your right and you would appreciate if the company abides by the law of the land at a minimum.

Also that you would commence other measure to obtain the work experience letter thru state work agency and DOL, if you do not recieve the work experience letter with in, say, 7 days.

HTH,
Deepak
Click to expand...

Thanks a bunch this is a good lead for me to persue the matter. But its gonna be tough for me as the employer head office is in Chennai India. I am still gonna try though.
 
experience letter

Deepak,

"
it is YOUR RIGHT to recieve a work experience letter from your employer and by labor law they have to provide it to you upon request. They can NOT deny the letter, and you can infact obtain damages against them if they do NOT give you one."
Click to expand...

This is good to know. Could you please give a little more details about this. You can write to the employer that this is your right. But what law you are quoting and what remedies with Labor department you have or any other department?
 
this is us not india

Take them to court *** get one lawyers notice to their office...already lot of people are angry with outsourcing...just see them in court. judge will favor you and screw the company. labor laws in US are very strict. It is a right to receive wages and experience letter.


m_img said:
Deepak,



This is good to know. Could you please give a little more details about this. You can write to the employer that this is your right. But what law you are quoting and what remedies with Labor department you have or any other department?
Click to expand...
 
You must log in or register to reply here.
Top