California Employment Law
California Employment Law Questions Answered by Legal Experts
Thank you. Am really distressed with the whole experience and want to return back to my homeland :( . Request you to provide me a little more clarity. I haven't signed any training and am more than willing to return their sign on bonus and pay for the h1 fees till now (which is LCA + filing + my request for premium processing) .
they are nice on emails but this is the second time im being yelled at when i tried to make them understand that i was jittery about joining without an approved h1b.
a) Can i write an email which expresses sadness about the strong words used.
b) the equitable relief states thus. Can they use this to override the at will employment clause?
Arbitration and Equitable Relief. I agree that any dispute or controversy arising out of, relating to or concerning any interpretation, construction, performance or breach of this agreement, shall be settled by arbitration to be held in San Francisco County, California, in accordance with the employment dispute resolution rules then in effect of the American Arbitration Association. The Arbitrator may grant injunctions or other relief in such dispute of other controversy. The decision of the Arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the Arbitrator’s decision in any court having jurisdiction. The company and I shall each pay one-half of the costs and expenses of such arbitration, and each of us shall separately pay our counsel fees and expenses.This arbitration clause constitutes a waiver of employee’s right to a jury trial and trial and relates to the resolution of all disputes relating to all aspects of the employer/employee relationship, including, but not limited to the following claims:a. Any and all claims for wrongful discharge of employment; breach of contract, both express and implied; breach of the covenant of good faith and fair dealing, both express and implied; neglect or intentional infliction of emotional distress; negligent or intentional misrepresentation; neglect or intentional interference with contract or prospective economic advantage; and defamation;b. Any and all claims for violation of any Federal, State or Municipal statue, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act of 1990, the Age Discrimination In Employment Act of 1967, the Older Workers Benefit Protection Act, the California Fair Employment And Housing Act, the California Labor Code, et seq.;c. Any and all claims arising out of any other laws and regulations relating to employment or employment discrimination.
One last thing left .Thank you. I would like you to review as your answers have been comforting for me. I would be willing to pay more for your expert advice and time.
This is the email i' m planning to write. Please let me know if this is ok. Can i also insist on them not to call me up but to communicate only over email.
As you very well know, we connected today on phone to address my concerns after your express request to talk to me yesterday. You put me in touch with the legal counsel of the company to allay any concerns. I would like to thank you for taking out time to do this on my behalf and also agreeing to pay for premium processing for me. As you might very well know, i have been very inclined to join RS from the day i started to interview.
However Your legal counsel made comments to me which in my opinion suggest that employment with your organization is not in my best interests. I would like to withdraw my candidature for this position.I will not accept the bonus cheque given to me through DD for this process and would be willing to bear the cost of immigration expenses incurred by RS till this point.
My best wishes to the company for continued growth.
were you able to get my previous message. Looking for a reply from you end.
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