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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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Citizen working India IT giant, I am local to NJ with my

Customer Question

I am USA citizen working for and India IT giant, I am local to NJ with my primary resident, they offered me the job and after 3 months that project ended . After that I am on bench and keep my salary on. All the jobs they where offering me is from CA, TX and recently they offered me 187 miles
(Hartford CT) away from my resident NJ for 3 months project.
They decrease my salary by 10K and giving me one time relocation. since its just 3 months project and they are not offering me all the expense and apart from that they want me accept 10K salary less than what was on my offer letter.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Mail send to the HR Manager yesterday and no reply.
Hello Neha,
As per our conversation today, you had said, that the Gross pay will be adjusted as per the city level and that is why my gross income has been reduces by $10000. Could you please send me the classification of the cities ?
While joining Infosys, I had clearly specified that I would not take up a travel or a relocation job as I have my primary residence in New Jersey. I would be working around this area only.
During my bench time , I rarely got any interviews calls or opportunities from NY or NJ. All the call which I was getting were from out-of-state (CA, TX, etc….)
As I wanted to move out of bench, I stretched myself to take a travel job where I will be travelling every weekend back to New Jersey.
I don’t think, it would be fair even to relocate for a 3 month project. Moving my kid and husband from a settled place for just a 3 months project.
Short term projects usually are based on the company expenses, but I was told that I have to bear all the cost.
I was still ok….bearing the cost for
1. PG + 3 month lease
2. Food
3. Travel back every week.
But the compensation changes came to me as a surprise.
You had specified that you will provide the one-time relocation cost which will include(moving my stuff and gas mileage/Airfare)
I am talking to RamaKrishna and Rakesh about this and will surely let you know my discussion and also my decision.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

I understand your situation but I am a bit unclear as to you question. What specifically can I help answer or clarify for you?

Customer: replied 1 year ago.
What is unclear for you , can my employer force me to move and cut my salary as well as no expense paid for short term project
Customer: replied 1 year ago.
as well as my employer is an H1-B dependent IT company and I am an citizen
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

The employer cannot force you to move, as you must choose to move to a new location. But there is absolutely no law anywhere that requires the employer to pay for relocation. As far as cutting your salary, provided that the employer is not doing this due to factors that would violate state or federal law (such as discriminating or adversely treating you due to factors such as your gender, race, religion, national origin, creed, sexual orientation, or disability if any), it is permitted to do so. Much like how an employer may promote you, the employer may demote you, or can increase your wage the employer can decrease it also. Your citizenship is not the issue here, the employer has fairly wide latitude in his treatment of you unless it would violate the law or if it would violate your contract. For example if you are contracted to work for $50,000 for 12 months, the employer cannot turn it into $40,000 unless you choose to agree.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
If I don't except that position then they can terminate my service , what I can do further
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

If you do not accept the position, as that is your right, they can terminate and it would be considered to be a termination 'without cause'. This would permit you to seek unemployment benefits from the state until those benefits run out or until you find a new position. But absent the factors I listed you wouldn't have a basis for filing suit for wrongful termination or claims that the employer treated you illegally.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
do you have immigration law knowledge , because again this company is H1-B dependent company , then its worth talking
Customer: replied 1 year ago.
because employment law for H1-B employee is different than that company hire USA worker.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hello,

I have immigration law knowledge but you are a US citizen--their immigration policies do not concern someone in your position. Their ability to terminate you, or ask you to take a new position, are unrelated to their H1B practices. This is a pure employment law/contract law issue, it is not related to immigration. Yes, the H1B law is different for such employees but you are not such an employee, and you are treated as a US employee because that is what you are.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
No sir , they cant terminate my service with similar kind of position filled local to NJ and they keep doing that , its simple they cant replace US worker with H1-B candidate so as far as I think that they are sure that I will not relocate and they have cause to terminate me or get a cause to terminate or I resign
Customer: replied 1 year ago.
in this case how you can help me.
Expert:  Dimitry K., Esq. replied 1 year ago.

My apologies but they can terminate you provided that they do so without violating state or federal law. There is no such thing in the US as a position that you are entitled to keep. And if the employer, for example, is moving your position 300 miles away, they are free to legally terminate. I am here to help by explaining the law, I cannot represent you off-site but I am here to show what is and what is not possible. Furthermore, as you posted the question here, it is at times up to you to tell me what it is that you are seeking (which is why I asked what your question was after you posted all that information). I am not always able to discern what you are seeking, and that is why I ask so that I can best help you whenever I can do.

Sincerely,

Dimitry, Esq.

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