Hi,

I am new this forum. I wish I didn't have to come to this forum but the situation pushed me into it. I work for an employer which is multinational company. I joined the company in India and signed the employement contract in INdia. Right now I am in US for 7 years and the company sponsored the GC and I got it.

Current situation, I don't have a project and they are asking me to go back to India and I don't want to go back. Since I have GC, I don't need to comply to Visa policies or actions.

But I like to know what are the legal actions which they can take and which I can take ? Can they stop paying me and stop my benefits ? Is the employer eligible not to pay the employee in any base ? What are my options ? Is the contract signed in India still valid or it changes here ?

I know the question is bit broad. Can somebody address it and clarify it ?

regards
Vijai

Unfortunately, only someone who has read the contract can answer your questions. We cannot address the terms of a contract we have not read. You will need to show it to a local attorney.

Contract doesn't say anything specific to working in US. Its a common contract with all the employeement details like termination notice and so forth. My question was actually to the contract itself. My question, according to US labor law, for any GC holder what the legal things that can be expeccted ?

Can they stop paying ? Can they stop benefits ?

Vijai

As work contracts are more common in India, the one you signed likely only held true for the work you perfomed while there and does not cover your work here in the US, nor would it be enforceably under US Law. Unless you signed something when you came to the US, you are not bound to any terms here.

As a GC holder you are to be treated just as any other American employee. If your company wishes to transfer you, they may do so. You do not have to accept the transfer, but then you most often don't have a job at all. Your company is not obligated to keep you employed in the US, nor are you bound to work for them. If you are no longer employed, then you would no longer receive a paycheck. You would be given the opportunity to continue your health benefits through a program called COBRA, but it does require that you pay the entire cost yourself.

With a GC you are eligible to work for any employer in the US.

Thanks for the reply. I don't have any contract signed in US seperately but my india contract says the termination period is 60days notice for both parties. I am hoping its still valid in US too. If I don't want to get transfered, how does it mean that I got terminated. I am just saying NO to it. If they are going to terminate me, they should say so in writing correct ? By giving enough notice ? Is my argument correct ?

I say again, we cannot comment on the terms of a contract we have not read.

You are going to have to take a copy of the contract to a lawyer here in the US. I will say as very general rule that employment contracts signed in other countries for work in other countries are rarely enforceable in the US. The legal standards are quite different and terms that are perfectly legal where the contract is signed may not be here. Since it is an international employer, anything is possible and if you are that concerned, you should take it to a lawyer.

Most employment in th US operates under a theory of "at will" employment. That means that an employer may terminate an employee for any reason or no reason not specifically prohibited by law (none of which apply here ) with or without notice. Employees are also free to quit at any time with or without notice. Under "at will" employment, your employer could terminate you for not being willing to transfer. They would not have to give you notice, nor put it in writing. I'm not saying that if you turn down the trasnfer they have to fire you, or even that they will, but it is something you need to ask. The company can not force you to relocate.

If they insist that you move and you do not wish to do so, you could leave and they could not forbid it.

It sounds like from here you really need to do 2 things.

1. Take your contract from India to a lawyer to just double check that it does not apply here.

2. Have a serious talk with your employer about whether they are insisting you relocate or whether this is optional on your part.