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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102601
Experience:  Years of experience in running a medium sized law firm.
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I am rahul working indian it company they are telling me

Customer Question

hi i am rahul working for an indian it company they are telling me that i have to server 60 days notice period my next company cannot wait for more than 2 weeks
JA: Thanks. Can you give me any more details about your issue?
Customer: my current organisation is telling me that they will give me unclean exit if i leve in 2 weeks i was offshore depuit & tranferred to usa by parent company i got new opportunity here & willing to move forward i am on h1b
JA: OK got it. Last thing — Employment Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
in this way after h1b approval i have to join next company by 60 days & my next company notified me after 4 days of approval i cannot in any way server 60 days notice. i know some people they have given clean exit after 15 days notice period. this is discrimination & workforce harassment. if i follow all the current organisation requirements i can never change job
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.
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Do you already have another job lined up that is willing to update your H1B?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
i already have a next job lined up & next employer have already completed h1b transfer
Expert:  Ely replied 1 year ago.

Thank you. On this website, I do not always get to give good news, and this is one of these times.

A company does not have to give you a good if another employer calls. In fact, the company does not have to give a reference at all. As such, if they have a 60 day exit requirement and you do not fulfill that, then the company does not have to provide a glowing, positive reference.

However, there are limits to what they can say if called for references. The employer cannot lie or be malicious. Doing so opens them up to defamation liability in civil court.

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.