Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

Citizen working India IT giant, I am local to NJ with my

Customer Question
I am USA citizen working...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 2 years 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 reply replied 2 years 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.
Answered in 21 minutes by:
9/23/2015
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years ago
Dimitry K., Esq.
Category: Employment Law
Satisfied Customers: 41,221
Experience: I provide employment and discrimination law advice in my own practice.
Verified

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?

Ask Your Own Employment Law Question
Customer reply replied 2 years 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 reply replied 2 years ago
as well as my employer is an H1-B dependent IT company and I am an citizen
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
If I don't except that position then they can terminate my service , what I can do further
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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.

Ask Your Own Employment Law Question
Customer reply replied 2 years ago
do you have immigration law knowledge , because again this company is H1-B dependent company , then its worth talking
Customer reply replied 2 years ago
because employment law for H1-B employee is different than that company hire USA worker.
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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.

Ask Your Own Employment Law Question
Customer reply replied 2 years 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 reply replied 2 years ago
in this case how you can help me.
Employment Lawyer: Dimitry K., Esq., Attorney replied 2 years 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.

Ask Your Own Employment Law Question
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide employment and discrimination law advice in my own practice.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Wrongful termination due to disability discrimination.
Wrongful termination due to disability discrimination. … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What is the statue of limitations on wrongful termination or
What is the statue of limitations on wrongful termination or discrimination? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I had a question regarding wrongful termination. I was
I had a question regarding wrongful termination. I was terminated through a text message and was not given a reason. I understand most employees are at will employees I however never signed any docume… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I need to live chat an lawyer for wrongful termination.
I need to live chat an lawyer for wrongful termination … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is a wrongful termination suit viable due to upper
Is a wrongful termination suit viable due to upper management poor business decision making? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Need advice on employment law/wrongful termination. At will
Need advice on employment law/wrongful termination … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Is the time limit to file a suit for wrongful termination
is the time limit to file a suit for wrongful termination and or liabel/slander 2years in Virginia? are there any conditions or circumstances that would make the time factor 1year or less? … read more
LegalGems
LegalGems
Juris Doctorate
10,212 satisfied customers
I have a question about wrongful termination. No. At will,
Hi, my name is ***** ***** I have a question about wrongful termination. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I am going to file a wrongful termination claim in CA and I
I am going to file a wrongful termination claim in CA and I know the time limit is a year. Does the date of filing mean that the date I put on the claim or the date the claim delivered to the office?… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
How do I file a wrongful termination, I have documented all
I have documented all the issues but as soon as I brought it up to HR and my boss I was fired a week later … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
How do I file a wrongful termination complaint? actually I
actually I was informed by my director of nursing I have not received any termination letter from HR I have been out of work almost 2 months pending an investigation that has been unsubstanciated … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My baby sitter is trying to sue us for wrongful termination
My baby sitter is trying to sue us for wrongful termination because I told I could t keep her anymore and will have to let her go. She said it was retaliation so the labor board agreed with her. What … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Statute of limitations on wrongful termination in maryland,
statute of limitations on wrongful termination in maryland … read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
My attorney settled a wrongful termination suit during a
Hello, My attorney settled a wrongful termination suit during a private mediation. I never received my signed contract/release. At mediation, the attorney rushed through explaining the settlement and … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,264 satisfied customers
Settlement reached in fmla wrongful termination, deposition
settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x