How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4867
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

As per US Labor law can I resign from my company can the Organization

Customer Question

As per US Labor law can I resign from my company can the Organization hold back my resignation acceptance

I am on L1B and deputed to my company's US branch since 2011. this year I have processed my H1B through another employer and therefore would be resigning from my current organization by oct 2013. But my company has introduced a new HR policy which says that I cannot resign when I am in US and need to go back to India to resign and serve the notice period. As per US labor law can my company stop me from resigning by not accepting my resignation I don't have any agreement or bond\Contract signed with my L1B company
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service this evening.

No, an employer cannot refuse to accept your resignation and keep you on as an employee against your will.

Absent an agreement or contract between you and your employer, you are an at-will employee, meaning that you (or your employer) can terminate the employment relationship at any time for any reason with or without any prior notice. (And, even if there were an agreement, no court would ever force an employee to work against his or her will, as that would constitute forced labor).

Your employer can certainly not require that you return to India before it accepts your resignation.

Simply put, if you want to resign in October of this year (or earlier) you are free to do so at any time with or without any prior notice, and there's nothing your current employer can do to stop you.

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions, as I want to ensure that you are completely satisfied with my service.

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4867
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

The company has updated the policy saying:



  • Associates on deputation to the US cannot resign at onsite. They must relocate to India and initiate their resignation on the exit tool in India. Upon return to India, the terms and conditions shall be as per the applicable India policy.

  • Associates, who fail to return to India upon resignation, will be treated as violations of the Company policy and the Company may pursue appropriate remedies available under laws. Notice period would start w.e.f the date of trigger on exit tool in India

  • Associates must serve the notice period at offshore as per their Employment / Contract letter failing which the Company reserves the right to withhold the experience, relieving and resignation acceptance certificates


 


These policies were updated only last month and was not the case when I came to US two years back.


Wanted to understand does such a policy hold good in the court of law

Expert:  Joseph replied 11 months ago.
Hello Srikesh,

No these policies certainly would not hold up in a court of law.

First off, they are trying to impose new conditions onto your employment without offering you anything in return. These types of strategies are illegal (unconscionable under the law) and any obligation you had under this contract would be null and void. They are also trying to lead employees to believe they have a contractual obligation to the employer due to things statement in an employment letter, which is false. Only an employment contract, signed by employer and employee, for which both receive consideration of some kind, would possibly be enforceable (and these provisions wouldn't be regardless).

Second, the requirement that you return to India is a restriction on your freedom and has nothing to do with your employment. A U.S. court is certainly not going to uphold a provision that requires employees to return to a different country and serve their notification there in order to process their resignation.

Finally, they seem to being trying to lead employees to believe that they need some sort of resignation certificate or need the company's consent to resign. Not only would a court find these provisions invalid, there may be a civil or criminal investigation into this employer for coercing employees to work for them, violating their civil rights.

That said, if you want, you may consider reporting this company to the Attorney General's office (either U.S. or state) as they seem to be violating the law by taking advantage of their foreign workers, and threatening them with reprisal if they do not go through their dictated process, even though there is absolutely no contractual or legal obligation for them to do so. (This could almost be considered human trafficking, as they are compelling employees to work by making it seem that it is necessary for them to accept an employee's resignation for the employee to leave his or her employment).


http://law.ga.gov/

http://www.justice.gov/ag/
Expert:  Joseph replied 11 months ago.
Hello Srikesh,

Thank you for your positive rating of my service,. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.