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

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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
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 and other California Employment Law Specialists are ready to help you
Customer: replied 3 years 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

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).
Hello Srikesh,

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