Employment Law Questions? Ask an Employment Lawyer.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.
All employment is at will but that does not mean you cannot quit. There are contractual obligations that you and they have agreed to should you decide to terminate your employment. That does not take away your "will" it just makes you obligated for exercising not to abide by your agreement.
As for your conflict about your notice period and your new employer start date, yes, it does look like you would loose out on your bonus. That is again the consequences of your decision. But it does not mean you are not employed at will.
My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.
Is there a liquidated damages clause in that agreement that says you will have to pay any damages for failure to give notice?
Am I allowed to join company B, continue to work for company A (overlap of two weeks) and then quit company A? Does the law require me to quit company A before joining company B?
No, under immigration law one of the petitions has to have what is called a concurrent petition. If it is not a concurrent petition you may not work for two H1B petitioners at the same time.