Received termination letter from my employer after receiving my GC plastic card

[wowgc]

wac-02-09x-xxxxx

My case (i485-EB2)approved in Jan 2004, passport stamped in Jan 2004 and received my plastic Card in Feb 2004.


Here is my story:
Worked with this employer for almost 5 years and all 5 years i was in the project. Based on my calculation my employer may have earned more than 250 k on my name after all the expenses. I work as senior Architect.

After receiving my plastic card, my current employer(GC sponsored by him) asked me to sign a new contract.

Contents in the new contract.

1. from the new contract signing date my w2 status with the employer is not valid and i agree to work with them on a 60 - 40% ratio as an independent consultant.

2. I agree that i will not work/join directly or indirectly with the current client (i am with them for the last 4 years) for 1 year in case i am terminated.

3. Also in case I resigned from my employer, i agree to give 3 months notice or $5000 .



But I declined to sign the new contract. Yesterday I received a letter from my employer stating that I was terminated from their company from last friday.

My question is

1. As per my contract with my employer signed in 2000 clearly says that 'in case of termination , employer has to give the employee 2 weeks notice.

2. I worked monday-thursday this week. Who will pay for this period.

3. Is there any possibility that My Gc can me withdrawn by my employer.


I am ready to fight with my employer through a lawyer if i don't see any problem with my GC. I have no problem to join with some other client - already got the job in another company. talking with them for the benefits.

Any suggestions.

 

[san_gcwait]

Sorry buddy to hear your story but glad that you've another opportunity so I'd suggest you to move on.

Alternatively:
You can always talk to your previous company to negotiate on the terms if you still would like to continue with them. Of course if they are making profit from you(250K as per your statement), they would agree. If not, do you think its worth fighting your case with all the hassle of paying your lawyer and then the time, mental stress? I mean you've another offer, a GC, what else? Well if this would've happened with me before I've gotten my GC, before I've no other offer, I'd have taken the path to fight but that's not the case with you.

Regarding the amount of money every employer makes from us, c'mon we all work for billion dollars company and don't even make 100,000 so no need to get upset, that's how it is no matter you work with a desi body shopper or a big multinational. But I understand that's not the case with you, you're upset with the contract so again do consider to talk to them and find a solution amicably. I'm positive it would work out.

 

[ghost-rider]

tell him to go fish ....and send him the emails regarding your money. keep track of those replies and look for another job. Your GC is safe if something comes up which i doubt u can hv his termination letter and reason is also with u. This is unfair job practice and if needed u can sue him. which state are u in?


60-40 ....jacka.... there are employer who sopnser h1b and work on 75-25 and with gc 90-10

 

[toonarmy]

Dont worry

Ask them for your 2 weeks money - in some states they have a few days to pay you what is owed or face an automatic fine from the state governing body. They cant stop your GC, it was pending for more than 180 days. They terminated you, you didnt quit. They changed express terms in your contract.

Go to your new company and be happy

Toonarmy

 

[wonderfull]

No issues with GC if you were terminated...you did not intend to quit.

If your contract said 2-weeks notice with pay, you must get it..

With "at-will" employment in states like California changes can be made without justification (still need to meet labor and downsizing laws)

 

[140_takes_4ever]

1. Get a lawyer, there are groups out there that work on every paper they write for you, so what you need to do is ask them to write you a letter on their letter head CLAIMING the 2 weeks pay in lieu of notice.
2. Your Ex-Employer has to pay you Mon - Thurs + 2 weeks, make sure it is included in letter from above.
3. None what so ever, all you may be face is an inquiry at time of citizenship or GC renewal about why you quit your job. Keep all the documents from the current case and show your intent to work.

By NO means let go your money. You are a free bird with good prospects, go after that Bastard employer and you will find that bullies are never as tough as they appear. With a good lawyer behind you, the fear of being put through the grinder will make them settle. You obviously are in the right.

Good luck!

 

[san_gcwait]

Sorry, forgot to add for your query about 2 and 3.

2. Sending a termination notice doesn't mean they won't be paying you. They have to, not sure how payroll works if the termination occurs before that monthly or weekly basis schedule. Make sure to get your timesheet signed by your client.

3. I don't think there would be any issue until as 140_takes_4ever has said during citizenship so do keep all these documents as a proof, termination letter, contracts. Your intention is not to quit.

Don't loose time and just take up that other opportunity and show them the finger or your lawyer's notice or resolving amicably whichever you think would work best.