H1-B - Warning Letter - Getting Fired...maybe!?

[Robsri]

Hello,

Just wondering weather someone could help me out here.
Here is my situation:

I am currently on a H1-B visa. I receive a letter of warning for taking vacation and not asking permission from my boss.
However, I do have an email from my boss saying that it is "OK" for me to take vacation so that I can take care of the re-newing of my H1-B visa.

If I do get a second warning, I will be fired. Also, there are rumors in the department that some of us are going to be lay-off or fired, and since I receive this letter, I am assuming that I am one of them.

However, I feel that this is a disputed written-warning that my boss gave to me. So my question is:

1) What should I do?
a) Reply an email complaining about the illegal procedure.
b) Take legal actions against this written warning. Can I take any legal actions against this warning?

Thanks for your help on this.

Sincerely,

Rkms

 

[Jim Mills]

How is the procedure illegal? Does your company have a policy that requires multiple notices and only for cause terminations? In most states, employment is at-will and you can be terminated for any reason other than your membership in a protected class. For example, you could walk in wearing a blue tie and the boss could theoretically fire you on the spot if she does not like people that wear blue ties to work. It's stupid, but it probably would be legal. Union members have more protections and employers must be consistent with their policies but so far I don't see anything objectionable from a legal viewpoint. Of course, I may not be licensed in the state where you work and you will need to seek the opinion of a qualified attorney licensed in your state for a legal opinion. This is not governed by immigration law and therefore the result may vary from state to state.