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I am with company A and expecting a significant bonus on…

Customer Question
I am with company A...
I am with company A and expecting a significant bonus on March 04. I looked at the contract (I have to confirm) and it seems I have to give two weeks notice. that means I can give notice on Feb 26 and quit on March 11.
However I have a great offer from company B who insist that I join on Feb 29. What are my options? It seems I am in a mess either way. If I join company B on Feb 29, I have to give notice to company A on Feb 12 and lose my bonus.
If I want to wait for my bonus, then I cannot join company B?
Are there any legal options
Submitted: 2 years ago.Category: Employment Law
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Customer reply replied 2 years ago
Additional information: For purposes of enabling your employer and any other company with a competitive interest to monitor your compliance with your obligations under this agreement, you will notify your employer in writing, at least two weeks before your last date of employment with your employer and provide at least two weeks advance written notice whenever within the 18 month period following...DOES THIS MEAN I AM OBLIGATED TO GIVE TWO WEEKS NOTICE? I thought all employment is at will
Answered in 41 minutes by:
1/28/2016
Employment Lawyer: jludwic, Lawyer replied 2 years ago
jludwic
jludwic, Lawyer
Category: Employment Law
Satisfied Customers: 30,035
Experience: 30 years experience as a business/employment immigration attorney
Verified

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.

Judith

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Customer reply replied 2 years ago
HiSorry, I still need additional information so that I have considered all the options:
* Can I just quit without giving two weeks notice (quit on same day)?
* Can I quit giving one week 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?
Employment Lawyer: jludwic, Lawyer replied 2 years ago

Is there a liquidated damages clause in that agreement that says you will have to pay any damages for failure to give notice?

Judith

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Employment Lawyer: jludwic, Lawyer replied 2 years ago

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.

Judith

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Customer reply replied 2 years ago
Judith,I am an american citizen. This is about employment law not immigration law. I am really confused why an immigration lawyer is answering my question. I clearly mentioned that this is an employment issue not an immigration issue
Customer reply replied 2 years ago
Please let me know if you need to re-assign this to an employment lawyer. I have used this service before and got excellent responses from lawyers who knew the employment (and associated contracts)
Customer reply replied 2 years ago
I think the right approach for you is to have asked me probing questions:1). whether I am an american citizen 2). How many months have I been in my current job 3). Is there a contract between me and my existing company or is at will. Instead providing generic answers and assuming I am on H1B is very insulting
Customer reply replied 2 years ago
Okay I am confused. message above again says I have been referred to a new Immigration lawyer. I DO NOT NEED AN IMMIGRATION LAWYER! I NEED AN EMPLOYMENT LAWYER.I had used this service previously and got excellent response. His name was Patrick, Employment lawyer. Can I use him
Customer reply replied 2 years ago
Thank you. I noticed that I have been referred to a new employment lawyer. looking forward to the reply
Employment Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,763
Experience: 20+ Years of Employment Law Experience
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid your question really is not a legal question at all when you get down to it. Allow me to explain. As stated, you have a contract. Bonus is considered by law to be a gift to the employee and the employer can require the employee remain employed at the time of receiving their bonus. That is a validly legal contractual provision. So legally really it is a matter of the employer being allowed to have such a clause and it is up to you to make the choice of whether or not in the long run forgoing the bonus is better for you in taking the other job (since they refuse to wait).
Legally, you cannot force employer A to pay you the bonus if you give notice you are leaving in accordance with your contract agreements and legally you cannot force employer B to wait, so the choice is one of economics and not law for you.
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